FAQs

The Environmental Protection (Noise) Regulations 1997 are the state laws that administer and control environmental noise. Environmental noise sources include transport, industry and neighbourhood activities such as air conditioning units, construction, musical instruments and radios/stereos. It is local government who is generally responsible for ensuring compliance and enforcement with the noise regulations.

The regulations contain 'prescribed standards' for noise, including allowable decibel levels at a receiver (known as assigned noise levels) and control of certain 'annoying' characteristics, for example tonality. They take into account the land use (commercial/industrial) and major and secondary roads surrounding the noise receiver. 

There are several special case regulations which cover activities that are generally of a temporary nature and/or perceived community benefit. These are exempt from complying with the prescribed standards and instead must comply with specific requirements in the regulations. They include approved public events (regulation 18) and approved venues (regulation 19B).

Regulation 19B allows an occupier of a venue to apply to the CEO for approval of the venue in which a number of notifiable events may be held during a specified period in the approval. The CEO has the delegated power to approve or refuse the application.

A venue approval will allow noise emissions from events to exceed the assigned noise levels stipulated in the regulations, provided events are carried out in accordance with the venue’s approval. 

A regulation 19B venue approval provides fairness, certainty and protection for the community and local government as to what sorts of events they can expect from the venue, and also for the venue occupier as to the tenure for the viable operation of the venue.

Under regulation 19B, the occupier of a venue may apply for approval to the local government to host a certain number and type of 'notifiable events'. A notifiable event must be either a sporting, cultural or entertainment event that is open to the public, will likely result in noise emissions that will fail to comply with the assigned noise levels, and is not approved under a regulation 18 approval.

The application must include the following information:

• Covering letter justifying the need for the application for venue approval;
• Requested maximum number of notifiable events to be held at the venue;
• The commencement and finishing time for notifiable events;
• Maximum duration of each notifiable event;
• Maximum noise levels;
• The manner in which noise sensitive premises affected by noise emissions from a notifiable event are to be advised of the event being held at the venue;
• The manner in which complaints from members of the public about noise emissions from the venue will be managed; 
• The manner in which community consultation will be conducted by the applicant;
• Examples of previous events held at the venue and the noise management controls that have been successfully implemented;
• A summation of a detailed community survey;
• Noise Modelling for the venue;
• Examples of previous compliant events operated by the applicant at the venue.

As specified in the noise regulations, a venue approval must state:

• the period of which the venue approval is valid
• the maximum number and type of notifiable events
• the start and finish times of notifiable events
• the maximum duration of a notifiable event
• the maximum allowable noise level of a notifiable event;
• the manner in which occupiers affected by noise from a notifiable event at the venue are to be notified of the event (e.g. flyer/letter drop)
• a complaint procedure
• the manner in which community consultation is to be conducted by the applicant for approval of the venue (i.e. public consultation to inform an application for a venue approval or renewal of a venue approval to the local government).

No, the noise levels in the venue approval are the same as the approved levels for the previous events held at Ice-cream Factory.

We are seeking comment from the following stakeholders:

• occupiers within 1km of the venue (i.e. residents and businesses)
• Chief Health Officer, Department of Health
• Department of Environmental Regulation and Water
• Perth Liquor Enforcement Unit
• DLGSC - Racing, Gaming and Liquor -Director of Liquor Licensing
• City of Vincent

All occupiers located within a 1km radius of Ice Cream Factory have been advised of the consultation of the draft venue approval via a letter drop.

The CEO will consider all submissions and can either approve, refuse or amend the venue approval conditions.

If approved, the venue approval will then be published in the Government Gazette and the date of publication marks the start date of the five year approval period. 

A person aggrieved by a decision (an appellable decision), such as the venue being approved, or a condition of the venue approval may lodge an appeal with the Minister. The appeal must be lodged within 21 days of publication of the venue approval in the Government Gazette. During this time the CEO's decision regarding the venue approval or conditions remains in place.

If the application is granted, Ice Cream Factory will be required:

• Notify the City of all upcoming events and 
• Comply with any ancillary conditions the City may see fit to impose. 
• Notify those residents identified within the noise management plan who may be impacted by noise prior to the event occurring

City of Perth Community Health Officers will also regularly attend events held at this venue to ensure the conditions of approval are complied with.