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 s.6 of the Environmental Protection Act 1986 (EP Act), may with the approval of the Governor declare by order that all or any of the provisions of the EP 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 r.17 of the Environmental Protection (Noise) Regulations 1997 (Noise Regulations). This may occur, for example, in instances where an existing industry or a mine site is located close to residences or where a proposed industry or a mine site cannot be located far enough away from residences.

Noise Regulation 18B

Approval by Minister: After receiving a report from the EPA or the chief executive officer (CEO) of the Department of Water and Environmental Regulation (the department) in relation to an application for approval under r.17, the Minister may grant an approval. This was previously approved under r.17(7) which was replaced in 2013.

Noise Regulation 18E

Amendment of approval under r.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 r.18B(1) may also apply to the Minister to amend an approval.

Noise Regulation 18G

Following amendment in 2013, r.18G requires a person granted an approval under r.18B(1) to pay the CEO an annual noise monitoring fee of $5,000.

Up until 1 July 2024, the department has not invoiced approval holders for annual noise monitoring fees. The department has waived all monitoring fees payable prior to 1 July 2024.

The department will commence collection of annual noise monitoring fees from 1 July 2024. The fee will be due each year on the anniversary date of the approval. Approval holders can expect to be invoiced annually 30 days prior to the anniversary date for the life of the approval.

In accordance with the Noise Regulations, if the fee is not paid within two weeks of the anniversary date, the approval is suspended and of no effect until the fee is paid.

Frequently asked questions

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 EP Act and the Noise 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. They 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; for example, concerts or 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 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 website for the initial approvals and subsequent amendments.