5.1. What is noise?

Section 3(1) of the Act defines noise as including sound and vibration.

Sound is energy from vibrations that travel through 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 various circumstances, for example when it is unpleasant, loud, or disturbing.

Why noise is an issue

Noise can impact the environment, health and wellbeing of people and animals (considered to be sensitive receivers) and interfere with the enjoyment of a place when not managed appropriately. It can disturb sleep, interfere with domestic and recreational activities, affect children’s learning and development, and otherwise pose a risk to environmental values. In certain circumstances, noise can lead to anxiety and stress.

5.2 Unreasonable noise

Environmental noise is a part of everyday life. The amount of noise a person experiences will depend on where they live and what is happening in their local environment at that time. EPA acknowledges that some noise is inevitable and cannot be eliminated. It is a by-product of human activity of all kinds. Whether noise is unreasonable noise will be considered in this context.

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.

Unreasonable noise is defined in section 3(1)(a) of the Act as noise that is unreasonable having regard to the following:
(i) its volume, intensity or duration 
(ii) its character 
(iii) the time, place and other circumstances in which it is emitted  
(iv) how often it is emitted
(v) any prescribed factors.

Unreasonable noise may also be defined as noise that is prescribed in the Regulations to be unreasonable noise or prescribed to be not unreasonable noise.

These definitions provide 3 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 as unreasonable noise (that is, exceeds the relevant noise limit determined during a detailed noise assessment)
• when the noise is prescribed in the Regulations not to be unreasonable noise.

This means that even when a person has complied with the provisions with respect to prescribed unreasonable noise under paragraph (b) of the definition, that noise could still be found to be unreasonable under paragraph (a). This could be relevant when the impact the noise may have is not well represented by the assessment method in EPA publication 1826 Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues (the Noise Protocol). For example, sporadic or low frequency noise.

There will also be circumstances where a noise source cannot be assessed under paragraph (b) of the definition as it is emitted from a source listed under regulation 117 (such as intruder alarm or construction noise). These noise sources will be assessed by the factors in paragraph (a) of the definition. Refer to part 6.3 of this guide for more information on regulation 117, the Noise Protocol and detailed noise assessments.

There are therefore 2 independent ways in which noise can be determined to be unreasonable as shown in Figure 1.

(Figure 1: Pathways for determining if the noise emitted is unreasonable noise).

See part 6 of this guide for further information on the factors of unreasonable noise under paragraph (a) and prescribed unreasonable noise under paragraph (b).

5.3 Aggravated noise

Under section 168 of the Act, a person must not emit or permit the emission of noise prescribed to be aggravated noise. Under part 5.3 of the Regulations:

• noise from commercial, industrial and trade premises (other than noise from sources listed in regulation 117) is aggravated noise if the effective noise level exceeds the noise limit by the prescribed amount with reference to the whether the noise is emitted during the day, evening or night period (regulation 121)
• music noise from an indoor entertainment venue (other than noise from sources listed in regulation 124) is aggravated noise if the effective noise level exceeds the noise limit by a specified amount for the relevant operating time-period (regulation 127) (other than noise which complies with regulation 122)
• music noise from an outdoor entertainment venue or outdoor entertainment event is aggravated noise if the effective noise level exceeds 80dB(A) assessed as an L_Aeq of 15 cumulative minutes at any measurement point in a noise sensitive area at any time (regulation 131) (other than noise which complies with regulation 122).

The Noise Protocol contains procedures for taking measurements to determine if noise from the above sources can be considered aggravated noise.

Aggravated noise is a serious offence and significant penalties apply. EPA may take action for aggravated noise offences including issuing notices, or proceedings against the offender.

5.4. The general environmental duty

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

Pollution includes the emission of noise. As a result, people in management and control of an operation or activity that may create a risk of harm to people and the environment through the emission of noise must understand and proactively manage that risk. This could include implementing controls and systems to minimise the risk of harm from noise and its effects so far as reasonably practicable, using and maintaining those controls and systems responsibly. 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 always mean compliance with the GED has been achieved.

For example, under the GED, a factory operator must assess and minimise risk of harm so far as reasonably practicable and consider additional controls to manage this risk. While this operator complies with their relevant noise limits under the regulations, the noise they emit has a character (thumping low-frequency noise in this example) that impacts a nearby resident’s ability to sleep at a level that could constitute 'harm'. The operator will need to consider if there are additional controls that can minimise this harm to nearby residents, 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 has an ongoing obligation to assess and manage that risk. This should include continual assessment of the risk, such as conducting regular plant inspections and maintenance, periodic assessment of noise emissions, and taking opportunities for ongoing improvement by upgrading controls when installing new machinery or components and replacing ageing equipment with quieter options over time.

For more information on risk management, refer to:

• EPA publication 1695 Assessing and controlling risk: a guide for business 
• Manage your environmental risk.

Duty holders should also consider any applicable noise limits and the factors in paragraph (a) of the definition of unreasonable noise under the Act 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 6 of this guide for further information on noise limits and the factors in paragraph (a) of the definition of unreasonable noise.

Case studies 1, 2 and 4 in part 7 of this guide provide examples of using the GED, in combination with unreasonable noise factors, to address noise emissions.

5.5. The environment reference standard

The Environment Reference Standard (ERS) is a tool made under the Environment Protection Act 2017. 

The ERS:

• identifies environmental values that the Victorian community want to achieve and maintain
• provides a way to assess those environmental values in locations across Victoria.

An environmental value is an aspect of the environment and how we use it that is important to us. It is an outcome Victorians want for human health and the environment. Sound levels that let us sleep at night are an example of an environmental value included in the ERS.

The ERS contains reference standards used to evaluate the level of protection of environmental values, with the reference standard for noise being ambient sound. The ERS provides indicators and objectives for this reference standard to protect the environment values in different areas. For example, there is an objective for ambient sound to be equal to or less than 35 dB(A) between 10 pm and 6 am in category IV land uses (described in part as lower density or sparse populations with settlements that include smaller hamlets, villages and small towns). The indicator for this objective is that the noise level is measured as an outdoor LAeq for the 8 hour period between 10 pm and 6 am. This objective is aimed at protecting the environmental value of sleep at night.

While the ERS does not set compliance requirements, government decision makers use the reference standards for a range of regulatory purposes including, but not limited to:

• making new regulations or compliance codes
• conducting audits
• assessing applications for planning permits and to rezone land. 

5.6. Legislation outside of EPA’s noise framework

In addition to the Act and Regulations, noise in Victoria can be regulated by other legislation such as the Public Health and Wellbeing Act 2008, local laws made under the Local Government Act 2020, and Victoria’s planning system. Duty holders are responsible for ensuring that they comply with all applicable laws.

Noise from rolling stock (trains or trams used by a passenger transport company for the provision of a passenger service) is in certain circumstances excluded from the application of the Act (including the GED) and the Regulations (including the unreasonable noise and aggravated noise provisions). This is set out under section 251B of the Transport (Compliance and Miscellaneous) Act 1983.

However, while the Act and Regulations do not apply to noise from rolling stock, they can apply to the maintenance, cleaning or loading of rolling stock stabled in a siding, yard, depot or workshop. For further information, refer to the Commerce industry and trade noise guidelines.

The GED and unreasonable noise provisions also apply to the operation of rail and rail-related infrastructure, such as noise from transformers that service the rail.