Unreasonable noise guidelines

1. Introduction

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 its 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 can include the emission of noise.

In addition to these GED obligations, under section 166 and section 168 of the Act respectively, a person must not emit, or permit the emission of, 'unreasonable noise' or noise prescribed to be 'aggravated noise' from a place or premises that are not residential premises.

2. Purpose

This guide provides general guidance on how to recognise potentially unreasonable noise. It also contains general information on how the duties under the Environment Protection framework relating to noise may be complied with. It is intended for business operators and regulators.

3. Scope

This guide provides general guidance on what may constitute unreasonable noise from non-residential premises, including:

• commercial, industrial and trade premises
• indoor entertainment venues
• outdoor entertainment venues and events
• construction and demolition sites
• transport infrastructure such as roads and railways.

It also covers aggravated noise from:

• commercial, industrial and trade premises
• entertainment venues
• events.

Noise from residential premises is not within the scope of this guide. Find out about unreasonable noise from residential premises on Residential noise and the law.

This guide does not:

• provide detailed industry-specific guidance on controlling risks associated with noise emissions. For industry-specific guidance see part 8 of this guide.
• 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.

The Act and its subordinate legislation do not set standards for hearing conservation. This is addressed by occupational health and safety legislation.

4. EPA's approach to regulating unreasonable noise

Should EPA become aware of potentially unreasonable noise, EPA will act in accordance with its compliance and enforcement policy based on the specific circumstance and the available evidence.

Find out more about EPA’s approach to compliance and enforcement on How we approach compliance and enforcement.