Noise is unreasonable when it exceeds noise limits. It can also be unreasonable when it has certain qualities. These qualities include:

• high volume and intensity
• whether it goes on for a long time, happens often, happens early in the morning or late at night
• whether the noise has an annoying character such as high-pitched screeching.

These qualities can be assessed using your ears and practical, common-sense approach.

Example

A delivery truck leaving a supermarket near a residential area at 3pm might be reasonable, but a fleet of them leaving at 3am every day is a different story.

Assessing the noise your business makes can help you understand the risk of harm it poses. If noise is unreasonable, it is probably creating a risk of harm and needs to be controlled.

The Environmental Protection Authority (EPA) takes a proportionate and escalating approach to regulation and compliance. Fines and prosecutions may occur where necessary, but many noise problems are resolved by businesses following compliance advice or following actions outlined in remedial notices issued by EPA.

This means it’s better to replace a badly maintained compressor or install less irritating reverse alarms on forklifts rather than EPA taking you to court for non-compliance.

Where to go for help

EPA has a range of information to help businesses understand Victoria’s noise laws. The series covers what parts of the laws are more relevant to different business sectors and where EPA permits may be required.

You can also use EPA’s guidelines and other resources to assess your business’s risks and to put controls in place to meet your responsibilities.

• Unreasonable noise guidelines - explains the concept of unreasonable noise, what makes noise unreasonable and how noise compliance can be assessed. It also contains examples that explore how noise emissions can be made compliant.
• Commercial, industrial and trade noise guidelines - explores the noise framework that applies to factories, stores and shops, works depots etc.
• Entertainment venue and outdoor event music noise guidelines - explains the laws and noise limits for entertainment and events.
• Permit guidelines for outdoor entertainment venues and events - intended for businesses and individuals running outdoor entertainment venues and events that require permits.
• Assessing and controlling risk: a guide for business - explores how a business can assess and control risks under the GED and minimise risk of harm before it occurs. This includes assessing risk from noise.
• EPA’s website has plenty of other help for business operators - epa.vic.gov.au/for-business/find-your-industry/retail-and-small-business
• There are guides to a range of noise prevention methods too, such as site planning, acoustic louvres, barriers, mufflers, pipe lagging and vibration isolation epa.vic.gov.au/for-business/find-a-topic/noise/advice-for-businesses/controls
• There’s also a guide on the general environmental duty (GED) - epa.vic.gov.au/about-epa/laws/laws-and-your-business/general-environmental-duty-for-businesses