Noise regulation - Section 6 Orders and Division 6 Approvals

How the Orders and Approvals work

Section 6 Order (the ‘Order’)

The Minister of Environment or the ‘Authority’ [i.e. the Environmental Protection Authority (EPA)], under section 6 of the Environmental Protection Act 1986 (the ‘Act’), may with the approval of the Governor declare by order that all or any of the provisions of the Act or of an approved policy do not apply.

Division 6 Approval (the ‘Approval’)

The Minister of Environment may approve to allow the noise emission to exceed or vary from the assigned level in accordance with regulation 17 of the Environmental Protection (Noise) Regulations 1997 (the ‘Regulations’) – e.g. this could be an existing industry or a mine site located within close proximity to residences. Or it could be a proposed industry or a mine site which cannot be located far enough away from residences.

Noise Regulation 18B

Approval by Minister: After receiving a report of the EPA or the CEO in relation to an application for approval under regulation 17, the Minister may grant an approval. This was previously approved under regulation 17(7) which was replaced in 2013.

Noise Regulation 18E

Amendment of approval under regulation 18E(1): The Minister may, if the Minister considers that any approval should be amended request the CEO to inquire into and report on the proposed amendment. The holder of an approval under regulation 18B(1) may also apply to the Minister to amend an approval.

General information

The Order or Approval granted by the Minister allows the recipients of each Order or Approval to operate under noise constraints that are different than those prescribed in the Act and the Regulations. These are usually granted to the occupier of certain premises under extenuating circumstances and they contain conditions that are generally more appropriate to regulate noise emissions for a specific situation.

The Order or Approval usually stipulates maximum noise emission levels and monitoring and reporting requirements, and are designed to achieve an outcome that balances an acceptable environmental outcome with conditions that the recipient of the Order or Approval can reasonably and practicably be expected to comply with.

Section 6 Orders and Division 6 Approvals are not used for noise sources that are transient in nature – e.g. concert approvals, after-hours construction noise.

Current Approvals and Orders

Current Division 6 Approvals and Section 6 Orders are listed below and are available at the Western Australian Legislation’s website.

Approvals that have been amended are available in full below in a consolidated form. However, care should be exercised and you should refer to the Western Australian Legislation’s website for the initial approvals and subsequent amendments.