Environment Protection (Residential Noise) Regulations 2018 (Vic)
Version No. 001
Environment Protection (Residential Noise) Regulations 2018
S.R. No. 146/2018
Version as at
13 October 2018
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Revocation
5Definitions
6Prescribed items and prohibited times
7Partial exemptions for premises on fringe residential subdivisions more than 35 metres from nearest property
8Partial exemptions for premises on fringe residential subdivisions more than 200 metres from nearest property
9Partial exemptions for premises with large scale residential developments in non-residential zones
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Environment Protection (Residential Noise) Regulations 2018
S.R. No. 146/2018
Version as at
13 October 2018
1Objectives
The objectives of these Regulations are—
(a)to prescribe items and times during which noise resulting from the use of those items is taken to be unreasonable noise for the purposes of section 48A(5) of the Environment Protection Act 1970; and
(b)to exempt certain premises in certain circumstances from the application of those prescriptions.
2Authorising provision
These Regulations are made under section 71 of the Environment Protection Act 1970.
3Commencement
These Regulations come into operation on 13 October 2018.
4Revocation
The Environment Protection (Residential Noise) Regulations 2008[1] are revoked.
5Definitions
In these Regulations—
Chief Health Officer has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008;
earthmoving machinery means powered plant used to excavate, load, transport or spread earth, overburden, rubble, spoil, aggregate or similar material, but does not include—
(a)plant to compact earth, overburden, rubble, spoil, aggregate or similar material; or
(b)a tractor or industrial lift truck or a vehicle designed to be used primarily as a means of transport on public roads;
fringe residential subdivision means any relevant land—
(a)within a growth area or an urban growth zone under any planning scheme; or
(b)that is undeveloped land identified for future urban development, other than land within Metropolitan Melbourne that is not covered by a metropolitan fringe planning scheme (within the meaning of section 46AA of the Planning and Environment Act 1987);
growth area has the same meaning as in section 3(1) of the Planning and Environment Act 1987;
heat health alert means an alert issued by the Chief Health Officer under the heat health alert system operated by the Department of Health and Human Services;
land identified for future urban development means land that—
(a)is zoned for residential development under any planning scheme or which is described as for use for future residential development in a Local Planning Policy Framework in any planning scheme or a document that is incorporated into or referenced in a Local Planning Policy Framework; and
(b)is not land described as infill, brownfield, formerly developed for urban purposes or for redevelopment in a Local Planning Policy Framework in any planning scheme or a document that is incorporated into or referenced in a Local Planning Policy Framework;
Local Planning Policy Framework means the framework set out in clause 20 of the Victoria Planning Provisions;
Metropolitan Melbourne has the same meaning as Metropolitan Waste and Resource Recovery Region has in the Act;
relevant land means land—
(a)that is the whole of the land on a certified plan of subdivision under the Subdivision Act 1988; and
(b)part of which is land set aside on the certified plan of subdivision as a road; and
(c)in relation to which an engineering plan submitted by the applicant for subdivision includes specifications for works to construct the road or, if it is already constructed, works to upgrade the road; and
(d)used for or in connection with residential premises or on which a residential premises is being constructed;
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor level next above, the ceiling or roof next above, but does not include a space—
(a)that contains only—
(i)a lift, shaft, stairway or meter room; or
(ii)a bathroom, shower room, laundry, water closet or other sanitary compartment; or
(iii)accommodation intended for not more than 3 vehicles; or
(iv)a combination of anything described in subparagraph (i), (ii) or (iii); or
(b)that is an intermediate floor within a room;
the Actmeans the Environment Protection Act 1970;
urban growth zone means the zone described in clause 37.07 of the Victoria Planning Provisions;
Victoria Planning Provisions has the same meaning as in section 3(1) of the Planning and Environment Act 1987.
6Prescribed items and prohibited times
(1)For the purposes of section 48A(5) of the Act—
(a)an item set out in Column 2 of the Table is a prescribed item; and
(b)subject to subregulation (2), a prohibited time for a prescribed item is the time specified in Column 3 of the Table that corresponds to that prescribed item.
(2)For the purposes of subsection 48A(5) of the Act, a time specified in Column 3 of the Table is not a prohibited time in respect of a prescribed item that falls within Group 4 at any time a heat health alert is in effect in the weather forecast district in which the item is located.
Example
Noise emitted from a domestic air conditioner in the Central Forecast Region while a heat health alert is in effect in that Region is not taken to be unreasonable noise under section 48A(5) of the Act whether or not the noise is emitted at a time that would otherwise be a prohibited time in respect of domestic air conditioners.
Table
| Column 1 Group | Column 2 Prescribed items | Column 3 Prohibited times |
| 1 | A motor vehicle (other than a vehicle moving in or out of premises), lawn mower or other grass cutting device and any equipment or appliance with an internal combustion engine that does not fall within Group 2. | Monday to Friday: Weekends and public holidays: |
| 2 | An electric power tool, chain or circular saw, gas or air compressor, pneumatic power tool, hammer and any other impacting tool and grinding equipment. | Monday to Friday: Weekends and public holidays: |
| 3 | Heating equipment (including central heating, a hot water system or a heat pump, air conditioner or split system used for heating), a vacuum cleaner, swimming pool pump, spa pump, and water pump (other than a pump being used to fill a header tank). | Monday to Friday: Weekends and public holidays: |
| 4 | An air conditioner, evaporative cooler or split system used for cooling. | Monday to Friday: Weekends and public holidays: |
| 5 | A musical instrument and any electrical amplified sound reproducing equipment including a stereo, radio, television and public address system. | Monday to Thursday: Friday: Saturday and public holidays: Sunday: |
| 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: Weekends and public holidays: |
7Partial 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 7 a.m. and 9 a.m. on a Saturday from residential premises located—
(a)on a fringe residential subdivision; and
(b)more than 35 metres from the nearest point of the property boundary of the closest other residential premises.
(2)For the purposes of subregulation (1), an item is listed if it is equipment or a motor vehicle that falls within Group 1 or 6 in the Table in regulation 6 and is—
(a)earthmoving machinery that does not use an impacting, vibrating or rotating implement operated by hydraulic or pneumatic means; or
(b)a concrete dispensing truck; or
(c)compaction plant that is a self-propelled single drum vibrating roller or non-vibrating compaction machinery.
(3)Subregulation (1) ceases to have effect with respect to noise emitted from a residential premises on one of the following first occurring—
(a)20 weeks passes from the commencement of work on the premises using any item listed in subregulation (2);
(b)in the case of premises that is a lot on the certified plan of subdivision referred to in the definition of relevant land, the works referred to in that definition required to construct or upgrade a road are completed on the section of road that adjoins the lot.
8Partial exemptions for premises on fringe residential subdivisions more than 200 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 7 a.m. and 9 a.m. on a Saturday from residential premises located—
(a)on a fringe residential subdivision; and
(b)more than 200 metres from the nearest point of the property boundary of the closest other residential premises.
(2)For the purposes of subregulation (1), an item is listed if it falls within Group 1, 2 or 6 in the Table in regulation 6 and is—
(a)equipment or a motor vehicle that is—
(i)earthmoving machinery that uses an impacting, vibrating or rotating implement operated by hydraulic or pneumatic means; or
(ii)any type of compaction plant; or
(iii)any type of motor vehicle or equipment listed in regulation 7(2); or
(b)any item that falls within Group 2 in the Table in regulation 6, other than a pile driver; or
(c)any item that falls within Group 6 in the Table in regulation 6.
(3)Subregulation (1) ceases to have effect with respect to noise emitted from a residential premises that is a lot on a certified plan of subdivision referred to in the definition of relevant land when the works referred to in that definition required to construct or upgrade a road are completed on the section of road that adjoins the lot.
9Partial exemptions for premises with large scale residential developments in non-residential zones
Section 48A(5) of the Act does not apply to noise from an item that falls within Group 1, 2 or 6 in the Table in regulation 6 that is emitted during the prohibited time prescribed for that Group if the premises from which the noise is emitted is located on land—
(a)no part of which is occupied by a person as a residence; and
(b)on which a residential premises is under construction; and
Note
A residential premises under construction may include a residential premises being extended or structurally altered or commercial or industrial premises being converted into a residence.
(c)no part of which is zoned for residential purposes under any planning scheme; and
Note
The following residential zones are specified in clause 32 of the Victoria Planning Provisions: RGZ, GRZ, NRZ, LDRZ, MUZ and TZ.
(d)on which the residential premises has or, when constructed, will have—
(i)4 or more storeys above ground level; or
(ii)2 or more storeys below ground level.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Environment Protection (Residential Noise) Regulations 2018, S.R. No. 146/2018 were made on 2 October 2018 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 71 of the Environment Protection Act 1970, No. 8056/1970 and came into operation on 13 October 2018: regulation 3.
The Environment Protection (Residential Noise) Regulations 2018 will sunset 10 years after the day of making on 2 October 2028 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Environment Protection (Residential Noise) Regulations 2018 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Reg. 4: S.R. No. 121/2008.
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