Music (noise) SPL levels as applicable to "The Law"

[neRok]

I'm trying to work out what the SPL limit(s) are for my residence, but the way I'm understanding my locals laws makes it seem like any "noise" (ie music heard by a neighbour) is going to be too much noise. Maybe someone here can translate the legalese better than I can, and hopefully prove my interpretation wrong?

So I'm reading the Western Australian Environmental Protection (Noise) Regulations 1997, which AFAIK is not the "actual law" (that's the Environmental Protection Act 1986 that can be enforced by the police), but instead it's the "guildlines" that the local Council can use to fine someone. And whilst the Reg's cover cases including nearby industrial and commercial, and "special places" (hospitals, schools, etc) – I'm not considering any of that, and only looking at plain old residential (freestanding houses). Below are the bits that seem important. (I haven't quoted the parts regarding "influence factor", because it might be +2dB allowance at most)

1. So it seems to me that the entirety of the inside of a house is "highly sensitive area", but outside the house may not be (but would still classify as "sensitive area" on "sensitive premise").
2. I only quoted the "daytime" part of Table 1, which gives assigned level LA max = 65dB (so, max SPL basically).
3. Regulation 9 says "adjustments ... are made to the noise emission as measured at the point of reception", and because it's music, that's +15dB.
4. Regulation 19 says you can measure inside, and when you do measure inside with the external windows and doors closed, then the "measurement must be adjusted by adding 15 dB"

So I'm reading this right, 65dB is the lawful limit in a highly sensitive area, but whatever an inspector actually measures on their device, they then add 30dB, and compare that value to the assigned value? That means if they measure 60dB (which sounds lawful), it actually gets judged at 60+30 = 90dB, which is >65dB and thus unlawful? WTF? Somethings gotta be off here.

# Part 1 — Preliminary
### 2. Terms used
  (1) In these regulations, unless the contrary intention appears —
  * assigned level means a noise level determined under regulation 8;
  * measured, in relation to the measurement of a noise emission, means measured and adjusted in accordance with these regulations;
  * LA Slow reading in decibels (dB) obtained using the “A” frequency weighting characteristic and the “S” time weighting characteristic, as specified in AS IEC 61672.1-2004 Electroacoustics-Sound level meters Part 1: Specifications, for class 1 and class 2 meters, with sound measuring equipment that complies with the requirements of Schedule 4;
  * noise sensitive premises means premises that —
    (a) are referred to in Schedule 1 Part C; and
    (b) are not premises, or part of premises, referred to in Schedule 1 Part A or Part B;
  * noise sensitive purpose, in relation to a building, or part of a building, on noise sensitive premises, means —
    (a) a residential or accommodation purpose; or
    (b) a purpose set out in Schedule 1 Part C item 3;
  * highly sensitive area means that area (if any) of noise sensitive premises comprising —
    (a) a building, or a part of a building, on the premises that is used for a noise sensitive purpose; and
    (b) any other part of the premises within 15 m of that building or that part of the building;

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# Part 2 — Allowable noise emissions
## Division 1 — General provisions
### 7. Prescribed standard for noise emissions
  (1) Noise emitted from any premises or public place when received at other premises —
    (a) must not cause, or significantly contribute to, a level of noise which exceeds the assigned level in respect of noise received at premises of that kind; and
    (b) must be free of — (i) tonality; and (ii) impulsiveness; and (iii) modulation, when assessed under regulation 9.
### 8. Assigned levels
    (1) In this regulation —
    * building includes a camp, caravan, or park home, as those terms are defined in the Caravan Parks and Camping Grounds Act 1995, that is located —
        (a) in a caravan park or camping ground; or
        (b) on other land in accordance with an approval under the Caravan Parks and Camping Grounds Regulations 1997 regulation 11A, 11B or 12(2),
      but does not include a veranda, patio, pergola, balcony or other similar outdoor area;
    * LA 1 assigned level means an assigned level which, measured as an LA Slow value, is not to be exceeded for more than 1% of the representative assessment period;
    * LA 10 assigned level means an assigned level which, measured as an LA Slow value, is not to be exceeded for more than 10% of the representative assessment period;
    * LA max assigned level means an assigned level which, measured as an LA Slow value, is not to be exceeded at any time.
    (3) The assigned level for all premises is to be determined by reference to Table 1.
      |----------------------------------------------------------------------------------------|
      |                                       Table 1                                          |
      |----------------------------------------------------------------------------------------|
      | Type of premises receiving noise |    Time of day     |...... Assigned level (dB) .....|
      |                                  |                    |  LA 10   |   LA 1   |  LA max  |
      |----------------------------------|--------------------|----------|----------|----------|
      |    Noise sensitive premises:     | 0700 to 1900 hours |... 45 ...|... 55 ...|... 65 ...|
      |     highly sensitive area        | Monday to Saturday |      + influencing factor      |
      |----------------------------------|--------------------|--------------------------------|
### 9. Intrusive or dominant noise characteristics
    (3) Noise is taken to be free of the characteristics of tonality, impulsiveness and modulation if —
      (a) the characteristics cannot be reasonably and practicably removed by techniques other than attenuating the overall level of the noise emission; and
      (b) the noise emission complies with the standard prescribed under regulation 7(1)(a) after the adjustments in the table to this subregulation are made to the noise emission as measured at the point of reception.
      |----------------------------------------------------------------------------------------------------------------------------------------------------------------|
      |                                                                             Table 2                                                                            |
      |----------------------------------------------------------------------------------------------------------------------------------------------------------------|
      |                      Adjustment where noise emission is not music.                       |                Adjustment where noise emission is music             |
      |                 These adjustments are cumulative to a maximum of 15 dB.                  |                                                                     |
      |------------------------------------------------------------------------------------------|---------------------------------------------------------------------|
      | Where tonality is present | Where modulation is present | Where impulsiveness is present | Where impulsiveness is not present | Where impulsiveness is present |
      |           +5 dB           |            +5 dB            |             +10 dB             |               +10 dB               |              +15 dB            |
      |------------------------------------------------------------------------------------------|---------------------------------------------------------------------|

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# Part 3 — Noise measurement
### 19. Place of measurement of noise
  (2) For the purposes of Part 2, unless otherwise provided in regulation 21, measurement of noise on premises must be made —
    (a) if the premises comprise a building or buildings and surrounding land, within the boundary of the surrounding land, but is not to be made inside a building unless —
      (i) the use of the building is directly associated with the type of premises receiving the noise; and
      (ii) the building is of a type of construction that is typical of buildings so used;
  (4) Where a measurement is made inside a building —
    (a) external windows and doors must be shut and the measurement must be adjusted by adding 15 dB; or
    (b) external windows and doors must be open and the measurement must be adjusted by adding 10 dB.
### 20. Measurement of noise at premises
  (5) If noise measurements are made indoors, the measurement position must be at least 1 m from any open external window or door.

----

# Schedule 1 — Classification of premises
## Part A — Industrial and utility premises
  > Not applicable.
## Part B — Commercial premises
  > Not applicable.
## Part C — Noise sensitive premises
  1. Premises occupied solely or mainly for residential or accommodation purposes.
  2. Rural premises.
  3. Premises used for the purpose of —
    > Hospitals, schools, etc — none applicable.
  4. Any other premises not referred to in Part A or Part B of this Schedule.

 

[neRok]

Oh, I think I worked it out, and it's because decibel maths isn't simply "adding numbers together". So it's more like if you measure 64dB and then add 30dB, the result is still 64dB. But if it was the middle of the night when LA10 is limited to 35dB, then 34dB measured would be 34+30=35.5, and thus over the limit.

But the influencing factor must be different, as it's a "factor", not an addition/adjustment. Because my house likely has a +2dB transport factor (because there is a major road 400m away), which would make the daytime LAmax 67dB? (because otherwise, 65dB+2dB=65dB...)

Edit: If anyone knows how to do it, I would also like to work out how to do the LA1 and LA10 measurements referred in this regulation, because I don't think it's the same as the "averages" in REW, as they are 1 second and 10 second rolling averages from memory, whereas this is "not to be exceeded for more than __% of the representative assessment period", and a period is defined as 15 minutes minumum to 4 hours maximum.

 

[Chrispy]

Move.

 

[bachatero]

Get out of there ASAP!

 

[mcdn]

I think what it’s saying is that once the measurement is taken, if it is impulsive music then 15dB is added to the raw measurement. And then another 15dB if the measurement is taken indoors.

Whether that’s proper decibel maths or not is rather unclear. Adding 30dB to the LA1 criterion of 55dB is pointless in dB math, but in raw addition results in a very low indoor LA1 for impulsive music in a highly sensitive area of 25dB.

I think you have chosen the wrong levels though - a house is generally just noise sensitive not highly sensitive, so the LA1 is 75dB. Subtracting 30 from that gives a fairly reasonable 45dB measured indoors LA1 for music.

Then again “highly sensitive” is left barely defined, so could mean a bedroom.

Those concerts in Langley park rattle our windows in West Leederville - thanks for finding the source regs!

 

[bluefuzz]

If you can hear your neighbour's music at all anywhere on your property, indoors or out, at any time of day then they need to turn the f*ck down. If your neighbours can hear your music at all anywhere on their property, indoors or out, at any time of day then you need to turn the f*ck down. It's not diffucult ...