The Environment Protection Act 2017 (the Act) and the Environment Protection Regulations 2021 (the Regulations) change the way noise emissions are assessed and managed in Victoria. 

The Act introduces a duties-based framework, with the general environmental duty (GED) at the centre. The GED requires any person engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste to minimise those risks so far as reasonably practicable. Pollution includes the emission of noise.

In addition to the GED, under section 166 of the Act, a person (including businesses, entertainment venues and event organisers and operators and other duty holders) must not emit, or permit the emission of, 'unreasonable noise'. The Act sets out factors that may establish when noise will be unreasonable noise. The Regulations also prescribe what is unreasonable noise from entertainment venues and outdoor entertainment events.

Purpose

This guide provides general guidance on how the Act and Regulations apply to noise from entertainment venues and outdoor entertainment events. It is for people who own, operate or manage entertainment venues and outdoor entertainment events that emit noise. 

This guide is also for acoustic consultants and practitioners who assess or provide advice about activities at, and the management of, entertainment venues and outdoor entertainment events.

Scope

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

This guide does not cover other laws and regulations that apply to noise in Victoria, for example, the Public Health and Wellbeing Act 2008, local laws made under the Local Government Act 2020, and Victoria’s planning system. 

2.1 What is noise?

Section 3.1 of the Act defines noise as including sound (heard) and vibration (felt).

Sound is energy from vibrations in the air or other media (including water, ground or structures) that can be heard. Vibrations can sometimes also be felt. 

Noise can be unwanted in some circumstances, for example when it is unpleasant, loud, or disturbing.

Why is noise an issue

At certain levels or frequencies, noise can pose a risk to the quality of our environment, affect human health, and interfere with the enjoyment of a place. 

Noise from entertainment venues and events can harm the health and wellbeing of neighbours, especially when it interrupts sleep. Excessive noise can cause stress, anxiety and irritability, and reduce the quality of life. Ongoing noise with negative characteristics can seriously impact people’s health.

People commonly report noise impacts associated with:

• repetitive thumping of bass sounds 
• tonal noises such as humming, whining and buzzing
• low-frequency noise.

2.2 Unreasonable noise

Under section 166 of the Act, a person must not emit or permit the emission of unreasonable noise from a place or premises that are not residential premises. This includes unreasonable noise from commercial, industrial and trade premises.

Unreasonable noise means:

1. noise that is unreasonable having regard to the following
   1. its volume, intensity or duration 
   2. its character
   3. the time, place and other circumstances in which it is emitted
   4. how often it is emitted
   5. any prescribed factors, and  
2. noise that is prescribed to be unreasonable noise. 

It does not include noise prescribed not to be unreasonable noise.

This definition provides two separate and independent ways of determining if the noise emitted is unreasonable noise:

• when noise is unreasonable having regard to the factors listed in (a)(i) to (v), or 
• when noise is prescribed in the Regulations to be unreasonable noise.

This means that even when a person has complied with the provisions for prescribed unreasonable noise under paragraph (b) of the definition, that noise could still be found to be unreasonable under paragraph (a). 

For example, noise from patrons arriving and departing the premises will be assessed by the factors in paragraph (a) of the definition rather than their compliance with the noise limits. Refer to part 4.1 of this guide for further information on regulation 124, the Noise Protocol and detailed noise assessments.  

Under paragraph (a) of the definition, noise can be unreasonable based on any factor or combination of factors in (a)(i) to (v) (not necessarily all of them).

Frequency spectrum is a prescribed factor under regulation 120, for the purposes of paragraph (a)(v) of the definition, however, it does not apply to music noise under Division 4 of Part 5.3 of the Regulations. Instead, the night period noise limits and assessment method in the Noise Protocol apply to music noise in octave bands from 63 Hz to 4000Hz.

The Regulations prescribe when music noise emitted from entertainment venues and outdoor entertainment events will be prescribed unreasonable noise under paragraph (b) of the definition of unreasonable noise.

In most cases, an entertainment venue or outdoor entertainment event will also be a commercial, industrial and trade premises. The Regulations exclude noise from music, voices and crowds (among other sources) from the assessment of noise emitted from commercial, industrial and trade premises. However, the commercial, industrial and trade premises regulations generally apply to plant noise at entertainment venues – such as cool rooms, kitchen exhaust fans and air conditioning units. Refer to Commerce, industry and trade noise guidelines for guidance relevant to these noise sources.

Refer to unreasonable noise guidelines for detailed guidance on unreasonable noise under the Act, including paragraph (a) of the definition. 

2.5. General environmental duty

The GED (section 25 of the Act) is central to Victoria’s environment protection laws. It requires anyone engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste, to minimise those risks so far as reasonably practicable. The GED applies to all persons in Victoria.

Pollution may include the emission of noise. As a result, persons in management and control of entertainment venues and outdoor entertainment events must understand and proactively manage the risks of harm from noise to people and the environment so far as reasonably practicable. For example, this could include implementing suitable and effective controls and systems to minimise noise and its effects so far as reasonably practicable; and using and maintaining those controls and systems.  

It also includes evaluating the ongoing effectiveness of noise controls. For example, by checking the performance of noise control measures when they are installed and over time.

The GED is separate to, and operates independently of, the unreasonable noise provisions of the Act and Regulations. This means that compliance with the unreasonable noise provisions in Part 7.6 of the Act or Part 5.3 of the Regulations will not of itself mean compliance with the GED has been achieved. Comparatively, complying with the GED does not mean that it is impossible for a duty holder to emit unreasonable noise.

For example, music noise from a club may comply with relevant noise limits for prescribed unreasonable noise but may still emit noise that has characteristics that impact a nearby resident’s ability to sleep at a level that could constitute 'harm'. The club operator has a duty under the GED to assess and manage that risk of harm and implement additional controls to reduce the hazardous characteristics of the noise so far as reasonably practicable.  

Refer to EPA publication 1856 Reasonably Practicable for more information about what the term ‘reasonably practicable’ means under the Act and how to demonstrate it.

When the initial risk of harm has been minimised so far as reasonably practicable, the operator then has an ongoing obligation to assess and manage that risk. This should include continual assessment of the risk, such as conducting regular equipment inspections and maintenance, periodic assessment of noise emissions, and taking opportunities for ongoing improvement by upgrading controls over time (such as installing newer noise management technology on the sound system or rig).

Refer to EPA publication 1695 Assessing and controlling risk: A guide for business and EPA’s website for more information on risk management.

Duty holders should also consider the factors in paragraph (a) of the definition of unreasonable noise when conducting risk assessments and planning how to minimise risk so far as reasonably practicable. By appropriately minimising the risk associated with noise emissions duty holders can reduce the likelihood of emitting unreasonable noise. 

See part 2.2 of this guide for further information on the factors in paragraph (a) of the definition of unreasonable noise or refer to unreasonable noise guidelines for detailed guidance on unreasonable noise under the Act.

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.

The Regulations for music noise from indoor entertainment venues

Part 5.3, Division 4, Subdivision 2 of the Regulations applies to music noise from indoor entertainment venues.

An indoor entertainment venue is defined in the Regulations as ‘any premises (other than residential premises or an outdoor entertainment venue) where music is played and includes a live music entertainment venue, hotel, tavern, cabaret, night club, discotheque, reception centre, skating rink, restaurant, cafe, health and fitness centre, recording and rehearsal studio, theatre, amusement park, amusement parlour, retail store, shop, public hall and club’.

• it is emitted from an indoor entertainment venue; and
• the effective noise level exceeds:
  • the noise limit that applies at the time the noise is emitted (day and evening period or night period) (regulation 125(1)(a)); or
  • the alternative assessment criterion that applies at the time the noise is emitted if the assessment is conducted at an alternative assessment location as specified in the Noise Protocol (regulation 125(1)(b); and
• the noise doesn't comply with regulation 122 of the Regulations (see part 2.6 of this guide ).

4.1.3. Effective noise level and noise limit

Noise limits

Limits for music noise apply in noise sensitive areas that include places where people live, learn or stay for recreation purposes.

They include:

• residences or other places where people reside or sleep
• child care centres or schools
• campgrounds and caravan parks in rural areas.

The noise limits are associated with the background noise level and are set using the methods in the Noise Protocol. The Noise Protocol must be read in conjunction with the Regulations. During the day and evening period noise limits are set to allow activities such as talking, reading, and watching television to occur without undue interference. During the night period, more stringent noise limits are set for indoor entertainment venues so that sleep is not disturbed. The assessment of noise for the night period considers the more intrusive frequencies of the music noise. The noise limits are based on the level of music noise above the background noise.

Background noise

Background noise is measured in the absence of music from the indoor entertainment venue and is represented by the measured LA90 or LOCT90 values. Music noise is considered more intrusive and disturbing when it exceeds the background noise by a greater margin. The methods for measuring background noise are described in the Noise Protocol. Further guidance can be found in EPA publication 1997 Technical guide: Measuring and analysing industry noise and music noise.

When background levels are unusually low, the base noise limits in regulation 125(2) apply. The base noise limits are the lowest decibel values that can be set for the corresponding operating time period.

Effective noise level

Music noise from an indoor entertainment venue is assessed as an effective noise level. It is usually measured within a noise sensitive area but can also be measured at an alternative assessment location (see Assessing noise at an alternative location below). 

The effective noise level is compared to the applicable noise limit for the noise sensitive area during the corresponding operating time period (day and evening period or night period). The music noise is prescribed unreasonable noise if the effective noise level exceeds the noise limit.

If two or more indoor entertainment venues contribute to the effective noise level in a noise sensitive area, the noise limit that applies to each venue must be determined in accordance with the Noise Protocol (regulation 126). 

The metrics for the effective noise levels and the noise limits are shown in Table 2. 

The Noise Protocol describes the noise measurement descriptors L_A90, L_Aeq, L_OCT90 and L_OCT10.

Predicting, measuring and assessing music noise

EPA publication 1997 Technical guide: Measuring and analysing industry noise and music noise describes how to use the Regulations and Noise Protocol to predict, measure and assess music noise from indoor entertainment venues.

Assessing noise at an alternative location

The Regulations also enable the assessment of noise at a location other than a noise sensitive area in accordance with the Noise Protocol. This is referred to as an alternative assessment location. 

When the assessment is conducted at an alternative assessment location, the effective noise level is compared with the alternative assessment criterion to determine compliance with the Regulations. These criteria use the same metrics as the noise limits for the corresponding operating period and must be set in accordance with the Noise Protocol.

Where two or more indoor entertainment venues contribute to the effective noise level of the music noise in a noise sensitive area, the alternative assessment criterion can be used to assess whether each venue, when combined, complies with the noise limit. 

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 venue means any premises (other than residential premises) where music is played in the open air and which cannot feasibly be enclosed and sound-proofed because of its size.
• Outdoor entertainment venues include sports and other large outdoor arenas and major sports and recreation facilities having substantial provision for spectators, and privately owned land used for playing music in the open air.
• Outdoor entertainment event means an event where music is played and is held on public land including a road reservation, public open space, park, foreshore reserve or land of a similar nature. It also includes an event held on that land in a temporary building or structure, such as a marquee, tent or temporary soundstage, that is not a permanent fixture of the land and is erected for the purposes of the event. 
• An operation is an activity that emits music noise from an outdoor entertainment venue or outdoor entertainment event over a 24-hour period
• 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 at least once during a 24-hour period.

Noise from outdoor entertainment venues and events is managed using a combination of measures including noise limits, standard operating hours, and permits issued by EPA under the Act. 

Concerts are louder operations that are generally controlled through permits, subject to when the concert is held. The controls recognise that containment of noise is more difficult at an open-air venue.

• 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 when assessed in a noise sensitive area using the method in the Noise Protocol, or
  • the 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 hours set out in a permit, or, where there is no permit, outside the standard operating hours set out in regulation 128(2) for outdoor entertainment venues and regulation 129(2) for outdoor entertainment events
• the music noise is from a concert without an EPA permit that is required for the venue or event.

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. 

¹ 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 would be affected by music noise that is 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 (see 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, child care centre, primary or secondary school.

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.

To emit music noise outside standard operating hours, outdoor entertainment venue or event outside standard operating hours must hold an EPA issued permit for that activity.

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 six concerts may be held in any financial year without requiring a permit from EPA. 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 L_Aeq 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 a permit.

5.1.4. Permits

The operation of an outdoor entertainment venue or outdoor entertainment event may require a permit from EPA. 

Permits for outdoor entertainment venues

A permit from EPA is required for an operation at an outdoor entertainment venue for any of the following circumstances:

• an operation that will occur outside the standard operating hours (regulation 128(1)(a), (2)) 
• an operation that will have a period of more than 8 hours (regulation 128(1)(b))
• it is intended to conduct more than six concerts in a 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 EPA may impose additional conditions to ensure the operator complies with their obligations over the life of the permit.

For more information on permits for outdoor entertainment venues refer to publication 2025  Permit application requirements for outdoor entertainment venues and events and EPA’s website.

• an operation that will occur outside the standard operating hours (regulation 129(1)(a), (2))
• a concert held during the hours specified in regulation 129(1)(b)
• a concert engaged in for a period of more than 8 hours (regulation 129(1)(c))
• conducting a concert at a location where six concerts have already been held in a financial year (regulation 16(3), Schedule 1 item 77).

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

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

For more information on permits for outdoor entertainment venues refer to publication 2025  Permit application requirements for outdoor entertainment venues and events and EPA’s website.

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