Noise SEPP Review Submission Template

Noise SEPPs review discussion paper submission template

Submitter details

For organisations and businesses with an interest in noise Organisation Industry sector Contact person name and position description For individuals affected by noise Name Contact details Email Phone Address Would you like your submission to remain anonymous?1 Would you like to be kept updated about the noise SEPPs review?

Question template notes

 The heading structure and numbering in this template is the same as in the discussion paper, available at: epa.vic.gov.au/our-work/setting- standards/environmental-standards-reform/noise.

 Please feel free to make comments on any or all sections of the discussion paper.

 To assist us to consider your comments, we would appreciate if you kept the heading structure and numbering as per the discussion paper.

1 We still require your name and email address, however we will not publish any of your details, or provide those details to anyone else. General comments section … 1 Introduction 1.1 Reviewing the noise SEPPs 1.2 What are SEPPs? 1.3 What are the noise SEPPs? SEPP N-1 – commercial and industrial noise Noise from Industry in Regional Victoria (NIRV) – commercial and industrial noise SEPP N-2 – music noise from public premises Noise that isn’t covered by a SEPP 1.4 Objectives of the noise SEPPs review Protecting people from unreasonable noise Getting the balance right for businesses and the community Appropriate, effective and accessible regulation 1.5 Stages of the review 1.6 Purpose of this discussion paper 1.7 Structure of the paper 1.8 Call for submissions PART ONE Part One of the discussion paper is a general discussion about the purpose and operation of the noise SEPPs – what they set out to protect and where and how they apply. It also considers some important issues like encroachment, and how the noise SEPPs are enforced. 2 Regulating noise 2.1 Why is noise a problem? If you have been disturbed, bothered or annoyed by noise (particularly commercial, industrial or music noise) we want to know about your experience of this. For example:  What type of noise impacted you? o What was the source of the noise? – e.g. noise from an entertainment venue, factory, business, shop, farm, mine, quarry etc. o What was it about the noise that disturbed you? – e.g. was it too loud or occurring too often? Or did the noise have particularly annoying characteristics such as banging, intermittent crashes, humming, scraping, bass, ‘doof-doof’, rumble etc?  How serious was the noise problem for you?  What times of the day does noise generally disturb, bother or annoy you?  How has noise impacted you in your day-to-day activities?  Have you made a complaint about noise? If so, who to? If not, why not?  If you have made a noise complaint, what were the outcomes of this? Was the matter resolved? If not, what were the reasons given? 2.2 What we are trying to protect – ‘beneficial uses’ 2.2.1 SEPP N-1 (commercial and industrial noise) 2.2.2 SEPP N-2 (music noise) 2.3 How do noise SEPPs protect beneficial uses? What activities (or ‘beneficial uses’) should be protected from noise? Should the level of protection from noise vary based on location – for example, in inner-city Melbourne compared with residential suburbs or regional areas? 2.4 Advantages and disadvantages of using a SEPP to control noise Balancing certainty and flexibility Who has control over the noise? 3 Costs and benefits of regulating noise If you are directly or indirectly affected by noise SEPPs, we want to know:  who you represent - e.g. yourself, a business (and if so, what type), a state government agency, a council, a planning, environmental or design company, etc.  what costs and/or benefits you experience because of the current noise SEPPs?  how could we increase the benefits or reduce the costs of noise regulation for you? Who you represent Examples of costs and benefits we want to know about Businesses that the SEPPs Direct costs and benefits apply to  Economic value of your business activity  Costs of installing noise controls at your business (including engaging acoustic consultants)  Lost earnings from restrictions on business activities to comply with noise obligations State government agency, Indirect costs and benefits council, planning,  Value of time (e.g. staff labor costs) applying noise environmental, design or other professionals who SEPPs – this could be a cost due to time required to deal with noise in their perform or consider a noise assessment prepared work according to a noise SEPP, or a benefit when the noise SEPPs save you time by providing certainty about noise obligations and assessment methods  Cost of engaging consultants to perform noise assessments and provide expert advice (again this could be a cost when it is a complicated or time- consuming process or a benefit when the system operates efficiently) Individuals affected by Direct costs and benefits noise  Costs you incurred to reduce noise, e.g. by installing double glazing etc.  Benefits of a noise environment where you are protected from unreasonable commercial, industrial or music noise 4 The types of noise covered by the noise SEPPs 4.1 Types of premises 4.1.1 SEPP N-1 and NIRV (commercial and industrial noise) Premises not covered by SEPP N-1 and NIRV Residential noise Noise from roads Noise from rail Noise from Luna Park 4.1.2 SEPP N-2 (music noise) Are the types of premises currently covered by SEPP N-1 and SEPP N-2 appropriate? 4.2 Where in Victoria do the noise SEPPs apply? 4.2.1 SEPP N-1 and NIRV (commercial and industrial noise) Figure 1 SEPP N-1 area of application (inside red line)2

Should a SEPP for commercial and industrial noise cover the whole state – even if this would need to include different methods for setting noise limits in different areas of the State? Or is the flexibility provided by only having a guideline for noise in regional Victoria (like NIRV) more appropriate for rural and regional areas? Is the current boundary for SEPP N-1 appropriate? 4.2.2 SEPP N-2 (music noise) 4.3 What types of noise are covered? 4.3.1 SEPP N-1 and NIRV (commercial and industrial noise) Exclusion Other guideline or legislation that applies ‘Other document’ status Music SEPP N-2 Subordinate legislation Voices None N/A Noise from None N/A crowds Noise from Noise from Outdoor Shooting Ranges EPA guideline firearms (EPA pub. no. 1508, October 2012)3 Noise from lawn Noise Control Guidelines EPA guideline mowing (EPA pub. no. 1254, October 2008)4 Noise from Noise Control Guidelines EPA guideline construction or Environmental Guidelines for Major demolition Construction Sites (EPA pub. no. 480, activities on February 1996)5 building sites Noise from Public address systems used at sporting EPA guideline sporting events events are covered by the Noise Control Guidelines; other aspects of noise from sporting events are not covered Noise from None N/A audible intruder, emergency or safety alarms

2 See detailed maps showing where in Victoria SEPP N-1 applies at: http://www.epa.vic.gov.au/business-and- industry/guidelines/noise-guidance/noise-from-commercial-and-industrial-sites.

3 http://www.epa.vic.gov.au/our-work/publications/publication/2012/october/1508.

4 http://www.epa.vic.gov.au/our-work/publications/publication/2008/october/1254.

5 http://www.epa.vic.gov.au/our-work/publications/publication/1996/february/480. Exclusion Other guideline or legislation that applies ‘Other document’ status Noise from Clause 45.02 (Airport Environs Overlay) and Subordinate legislation aircraft except for clause 45.08 (Melbourne Airport Environs (Victorian Planning ground Overlay) of planning schemes. These Provisions), maintenance provisions apply the Australian Noise Commonwealth activities Exposure Forecast (ANEF) system.6 legislation The Air Navigation (Aircraft Noise) Regulations 1984 (Cth) provides for the issuing of noise certificates for aircraft. Section 71(2)(d) of the Airports Act 1996 (Cth) requires airports to publish ANEF contours. Noise from None N/A mobile farm machinery Noise from scare Noise Control Guidelines EPA guideline guns and anti-hail guns Noise from None N/A livestock on a farm or in a saleyard Noise from a fire None N/A pump used in an emergency Noise from non- Section 48B Environment Protection Act Victorian legislation commercial 1970; Environment Protection (Vehicle vehicles except Emissions) Regulations 2013 for maintenance activities Vibration Wind turbine noise Are the current types of noise that are excluded from SEPP N-1 appropriate? Should the noise SEPPs or some other instrument apply to other sources of noise? If so, what methods and/or controls could be used for these sources? For an overview of the types of controls available to control noise, please see section 7 of this discussion paper. 4.3.2 SEPP N-2 (music noise) Recognising that music can have special social significance, should a SEPP for music noise operate differently from other noise laws? If so, do you have any suggestions as to how?

6 The ANEF system applies Australian Standard AS 2021–2000, Acoustics – Aircraft Noise Intrusion – Building Siting and Construction. For general information about aircraft noise see: http://aircraftnoise.com.au/. 4.3.3 Noise not covered by SEPP N-2 Patron noise Religious services music Should a noise SEPP apply to patron noise or any other types of noise associated with public premises? If so, in what circumstances should it apply (e.g. only for premises that serve alcohol)? Is the exemption for religious services music in SEPP N-2 appropriate? Should there be any other exemptions from public premises required to comply with SEPP N- 2? 5 Compliance and enforcement 5.1 Who enforces the noise SEPPs? Is the current compliance and enforcement framework for commercial, industrial and music noise effective? How could it be improved? What experiences have you had responding to noise complaints (for businesses) or making a noise complaint (for individuals)? Was the compliance and enforcement process handled effectively? If not, do you have any ideas about how the process could have been handled better? 5.2 Overlap between objective and subjective tests for acceptable noise Planning and liquor licences Victoria Police Statutory nuisance What are the advantages and disadvantages in having subjective and objective tests to determine what noise is acceptable? 6 Encroachment 6.1 What is noise sensitive encroachment? 6.2 Noise sensitive encroachment and planning 6.3 Outdoor and indoor assessment of noise Should compliance be assessed from inside a noise sensitive building and, if so, under what circumstances? 6.4 Agent of change What changes could be made to the noise SEPPs to complement an ‘agent of change’ principle? PART TWO Part Two discusses more technical issues relating to noise assessment methods, the use of noise SEPPs in design and planning and accessibility. Part Two is particularly relevant to readers who use the noise SEPPs in their work, for example council planning and health officers and design professionals including acoustic consultants. 7 Noise limits 7.1 What is a noise limit? 7.2 Objective noise limits 7.2.1 Zone methods How a zone method is used in SEPP N-1 The zone method used in SEPP N-1 provides different protection from noise depending on the type of neighbourhood where noise is received. One idea underpinning this approach is the view that people living near commercial or industrial areas, or near major roads, expect more noise than a person living in a wholly residential area. Do you think this reasoning is reasonable? How a zone method is used in SEPP N-2 7.2.2 Background noise methods How background noise is used in SEPP N-1 Low background High background Low, neutral and high background classification Background Low Neutral High level ranges Definition Applies if the Applies if the Applies if the Background Level is Background Level is Background Level is 13dB or more below the neither ‘low’ or ‘high’ less than 6dB below the Zoning Level in the day Zoning Level in the day period, or 10dB or more period, or less than 3dB below the Zoning Level below the Zoning Level in the evening or night in the evening or night periods periods Noise limit In this range the noise Equal to the Zoning  6 decibels above the for this limit is based on a Level Background Level range formula that takes into for the day period, account both the Zoning and Level and the  3 decibels above the Background Level Background Level for the evening and night periods. How background noise is used in SEPP N-2 Indoor venues Outdoor venues Do you think the use of background noise in the current noise SEPPs is appropriate? Are there other opportunities to use background noise levels as the basis of setting noise limits in SEPPs? 7.2.3 Single limit methods How a single limit method is used in SEPP N-1 How a single limit method is used in SEPP N-2 Do you think the use of single limits (for outdoor venues and in the Melbourne Docklands area) in SEPP N-2 is appropriate? Are there any other situations where single limits could be used? 7.2.4 Control of activities How control of activities is used in SEPP N-1 How control of activities is used in SEPP N-2 In what circumstances is the control of noise-producing activities appropriate? 7.3 Noise descriptors – technical discussion 7.3.1 Noise level, loudness and frequency 7.3.2 A-weighting Octave band centre frequency (Hz) 63 125 250 500 1,000 2,000 4,000 8,000 A-weighting corrections -26 -16 -9 -3 0 1 1 -1 (decibels) How A-weighting is used in the noise SEPPs Is the current use of overall A-weighted levels in SEPP N-1 and SEPP N-2 appropriate? Are there opportunities to use other measures such as octave band limits? 7.3.3 Character adjustments What character adjustments apply in the noise SEPPs Are the character adjustments in SEPP N-1 appropriate? Are any additional adjustments needed, for example, for noise that contains sporadic crashes and bangs, significant low frequency components, or other annoying characteristics? Are any character adjustments required for music venue noise? 7.3.4 Average, percentile and maximum level parameters What time parameters are used in the current noise SEPPs?

Is a maximum single event level (Lmax) noise limit needed in either SEPP N-1 or SEPP N-2? Are the current assessment intervals in the noise SEPPs appropriate (30 minutes for SEPP N- 1 and 15 minutes for SEPP N-2)? 8 Application of SEPPs in design and planning What is needed to help businesses, regulators and design professionals deal with noise better in planning and design? Are the current triggers in regulatory approval processes adequate to identify future noise issues? 9 Accessibility Can simpler methods be used? Are simpler assessment methods than currently used in the SEPPs needed? And if so, considering the broad approaches outlined in Section 7, do you have ideas about what methods would be better? Do you have any other suggestions about how to improve the accessibility of noise SEPPs?