VicRoads traffic noise reduction policy Outlines design standards and expectation for road construction and noise abatement requirements Railway noise Passenger Rail Infrastructure Noise Policy Guidance for transport bodies and planning authorities for redevelopment/design of new passage rail infrastructure Noise from entertainment venues Liquor Control Reform Act 1998 (LCR Act) Noise levels are considered as part of the licensing process Some licences contain conditions for licensees to follow certain noise management practices Local councils, police and the Victorian Commission for Gaming and Liquor Regulation (VCGLR) is responsible for enforcement under this Act SEPP N-2 Control of Music Noise from Public Premises Sets limits on operating hours and decibels to protect residential uses (particularly sleep at night and normal conversation) Planning and Environment Act 1987 As outlined above - council planning permit conditions can apply SEPP N-2 Large construction projects EPA Victoria Guideline Environmental guidelines for major construction sites Non-statutory guideline to help developers, contractors and government agencies involved with commissioning or constructing freeways, major roads or major development projects Contains advice on preparing and implementing an environmental management plan for major constructions sites Large residential subdivision or urban development sites EPA Victoria Guideline Noise from large residential subdivision or urban development sites (publication 1264) Non-statutory guideline that outlines the legislation applying to noise from subdivision development and construction. Designed to assist developers and councils manage noise from large development projects Managing residential noise – Environment Protection (Residential Noise) Regulations 2008 As outlined above, the EP Act sets out the overarching framework for regulating residential noise in Victoria. The EP Act makes it an offence to cause ‘unreasonable noise’ from any residential premises. Local government and police are primarily responsible for enforcing this part of the EP Act, though EPA also has a small enforcement role. In determining whether noise is unreasonable, the EP Act states that regard must be had to the:
Compared to the situation under the current regulations, residents with neighbouring premises undergoing construction may experience more noise annoyance for 3 months of the year between 5am – 7am on weekdays. Given concrete pouring for residential construction does not occur for extended periods the extra noise annoyance may be limited in duration. There is a likelihood that it may trigger other construction work to start which could generate noise and create more noise annoyance. There is also a risk of the definition of ‘trucks dispensing concrete’ being exploited to include other noise generation trucks and creating more noise annoyance for residents. Impact for industry Construction involving concrete pouring at residential premises could occur 2 hours earlier for 3 months of the year. This may increase the flexibility of the residential construction industry, which may reduce costs and improve productivity. Impact for local government Local government may receive more noise complaints, given that there may be more noise annoyance. However it would be quicker to explain to a complainant that concrete pouring noise is not considered unreasonable under the proposed new regulations than having to attend and investigate the alleged source of the complaint under the current regulations. There is also a risk of the definition of ‘trucks dispensing concrete’ being exploited to include other noise generating trucks and creating more noise annoyance for residents and noise complaints for local government. The costs and benefits of the option are presented in Table 16. Table 16 Costs and benefits of Option 2B (i): Reduce prohibited hours for concrete pouring Costs Benefits Community: Increased potential for noise annoyance and impacts to health from disturbing sleep although likely to be limited in duration as because concrete pours for residential construction does not occur for extended periods. Industry: Increased cost to industry to pay for operations in non-standard working hours which would be compared to the benefits of starting earlier. Industry: Increased burden on personnel to start earlier in summer. State government: Need to communicate changes to the regulations. Community: May trigger other construction work to start which could generate noise and create more noise annoyance Local government and community: Risk of the definition of ‘trucks dispensing concrete’ being exploited and generating noise annoyance and Industry: Access to more optimal concrete pour conditions with resulting benefits in terms of structural integrity of the concrete pour Local government: Reduced cost to respond to noise complaints because no requirement to investigate noise complaints about concrete pours from 5am Monday to Friday Community: Stronger, less compromised concrete Industry: Greater flexibility to operate in summer months Industry: Increased productivity – more projects could be undertaken due to the reduced prohibited hours in summer months.
3 A heat pump, swimming pool pump, spa pump, water pump (other than a pump being used to fill a header tank), domestic heating equipment (including central heating and hot water systems) and a domestic vacuum cleaner. Monday to Friday: before 7am and after 10pm. Weekends and public holidays: before 9am and after 10pm. Column 1 Column 2 Column 3 Group Prescribed items Prohibited times 4 A domestic air conditioner or evaporative cooler. Monday to Friday: before 7am and after 11pm. Weekends and public holidays: before 9am and after 11pm. 5 A musical instrument and any electrical amplified sound reproducing equipment including a stereo, radio, television and public address system. Monday to Thursday: before 7am and after 10pm. Friday: before 7am and after 11pm. Saturday and public holidays: before 9am and after 11pm. Sunday: before 9am and after 10pm. 6 Any electric equipment or appliance that does not fall within Groups 2 to 5, including electric gardening equipment, other than electric equipment or appliances for personal care or grooming or equipment for heating, refrigeration or preparation of food. Monday to Friday: before 7am and after 8pm. Weekends and public holidays: before 9am and after 8pm. 7 Partial exemptions for premises on fringe residential subdivisions more than 35 metres from nearest property (1) Section 48A(5) of the Act does not apply to noise from an item listed in subregulation (2) that is emitted between 7am and 9am on a Saturday from residential premises located— (a) on a fringe residential subdivision; and