The following terms are reproduced from the Environment Protection Act 2017 (the Act) and the Environment Protection Regulations 2021 (the Regulations) to help you understand when an EPA permit application is required to conduct an operation or concert at 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 55dB(A) (or 45dB(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.

effective noise level means the level of music noise from an indoor entertainment venue, outdoor entertainment venue or outdoor entertainment event, measured in a noise sensitive area or at an alternative assessment location, as determined in accordance with the Noise Protocol.

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.

noise includes sound and vibration

noise limit means in Part 5.3 (other than Division 5) of the Regulations the maximum effective noise level allowed in a noise sensitive area, as determined in accordance with the Noise Protocol 

Noise Protocol means the Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues, published by EPA on its website, as in force from time to time.

• that part of the land within the boundary of a parcel of land that is:
  • within 10 m of the outside of the external walls of any of the following buildings
    • a dwelling (including a residential care facility but not including a caretaker's house)
    •  a residential building
    • a noise sensitive residential use or
  •  within 10 m of the outside of the external walls of any dormitory, ward, bedroom or living room of one or more of the following buildings
    • a caretaker's house
    • a hospital
    •  a hotel
    •  a residential hotel
    • a motel
    • a specialist disability accommodation
    •  a corrective institution
    • a tourist establishment
    •  a retirement village
    • a residential village or
  • within 10 m of the outside of the external walls of a classroom or any room in which learning occurs in the following buildings (during their operating hours)
    •  a child care centre
    •  a kindergarten
    •  a primary school
    •  a secondary school  or
• subject to paragraph (c), in the case of a rural area only, that part of the land within the boundary of
  • a tourist establishment
  • a campground
  • a caravan park

• despite paragraph (b), in the case of a rural area only, where an outdoor entertainment event or outdoor entertainment venue is being operated, that part of the land within the boundary of the following are not noise sensitive areas for the purposes of that event or venue
  • a tourist establishment
  • a campground
  • a caravan park.

operation means an activity that emits music noise from an outdoor entertainment venue or outdoor entertainment event over a 24-hour period.

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, including an event held on such land in a temporary building or structure, such as a marquee, tent or temporary soundstage, not being a permanent fixture of the land and erected for the purposes of the event.

outdoor entertainment venue means any premises (other than residential premises) where music is played in the open air and which cannot feasibly be totally enclosed and sound-proofed because of its size.

Examples: Sports and other large outdoor arenas and major sports and recreation facilities having substantial provision for spectators, including privately owned land used as an outdoor entertainment venue.

standard operating hours means:

• for an outdoor entertainment venue, from 12 noon until 11 pm on any day (regulation 128)
• for an outdoor entertainment event (a) Monday to Saturday (other than a public holiday), from 7 am to 11 pm; and (b) Sunday or a public holiday, from 9 am to 11 pm (regulation 129).

Unreasonable noise means:

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

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