South Australia
Environment Protection (Commercial and Industrial Noise) Policy 2023
under the Environment Protection Act 1993

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Interpretation
4	Principal land uses and land use categories
5	Indicative noise levels
6	Application of policy
7	Amendment of policy without following normal procedure (section 32 of Act)
Part 2—Objects of policy
8	Objects of policy
Part 3—Measurement procedure
9	Application of Part
10	Instrumentation
11	Noise‑affected premises and measurement place
12	General procedures
13	Source noise level procedures
14	Ambient and background noise level procedures
15	Rounding
Part 4—General noise control provisions
16	Application of Part
17	Compliance with noise goals satisfies general environmental duty
18	Criteria for determining action to deal with non‑complying noise from noise source
Part 5—Development authorisation applications
19	Development authorisation applications
Part 6—Special noise control provisions—frost fans
20	Interpretation
21	Operation of frost fans
Part 7—Guidance documents
22	Wind farms
23	Issue of environment protection orders to give effect to guidelines
Schedule 1—Noise excluded from policy (clause 6)
1	Interpretation
2	Noise excluded from policy
Schedule 2—Repeal of Environment Protection (Noise) Policy 2007
Legislative history

Part 1—Preliminary
1—Short title
This policy may be cited as the Environment Protection (Commercial and Industrial Noise) Policy 2023.
2—Commencement
This policy comes into operation on a day to be fixed by the Governor by notice in the Gazette.
3—Interpretation
	(1)	In this policy—
Act means the Environment Protection Act 1993;
ambient noise at a place affected by noise from a noise source means the noise at the place other than the noise from the noise source;
ambient noise level (continuous) means the value, expressed in dB(A), of a continuous steady sound that, for the period over which the measurement is taken using fast time weighting, has the same mean square sound pressure as the ambient noise level which varies with time when measured in accordance with Part 3;
ambient noise level (maximum) means the value, expressed in dB(A), of the highest instantaneous noise level measured using fast time weighting during measurement of the ambient noise level (continuous);
background noise level means the noise level that, according to a measurement taken using fast time weighting in accordance with Part 3, is equalled or exceeded for 90% of the period over which the measurement is taken;
building includes a structure and part of a building or structure;
characteristic, in relation to noise from a noise source, means a tonal, impulsive, low frequency, intermittent or modulating characteristic of the noise that is determined by the Authority or another administering agency, in accordance with the Guidelines for the use of the Environment Protection (Commercial and Industrial Noise) Policy 2023 published by the Authority as in force from time to time, to be fundamental to the nature and impact of the noise;
dB(A) means decibels measured using the "A" weighting network of a sound level meter;
extraneous noise means—
	(a)	noise caused by wind (such as wind on vegetation or the microphone diaphragm), insects, animals, birds, aircraft or unusual traffic conditions or any other infrequently occurring event; or
	(b)	noise that the Authority or another administering agency determines to be of a significant level and the result of an organised activity that might be discontinued, reduced or relocated;
fast time weighting means a setting of a sound level meter to a "fast" or "F" response;
habitable room means any room that is not a storage area, bathroom, laundry or toilet;
impulsive characteristic—a noise has an impulsive characteristic if it has a dominant characteristic consisting of a single pressure peak, or a sequence of such peaks, or a single burst with multiple pressure peaks whose amplitude decays with time, or a sequence of such bursts;
indicative noise level for a noise source means the indicative noise level determined for the noise source under clause 5;
intermittent characteristic—a noise has an intermittent characteristic if the noise level increases noticeably and rapidly, and holds the higher level for a noticeable period, on at least 2 occasions during the assessment period that applies under clause 13(1)(b);
land use category means a category of land use determined under clause 4 for the purpose of determining the indicative noise level for a noise source or the relevant allowable noise level for noise‑affected premises;
low frequency characteristic—a noise has a low frequency characteristic if it has a characteristic that dominates the overall noise with content between 20 hertz and 250 hertz;
modulating characteristic—a noise has a modulating characteristic if the noise level has a noticeable and cyclic variation in frequency or amplitude;
noise‑affected premises—see clause 11;
noise designated area means an area to which the Planning and Design Code applies (whether described in the Code as a zone or subzone or otherwise) that is—
	(a)	made subject to a set of land use rules by the provisions of the Code; and
	(b)	not itself further divided by the Code into areas that are made subject to separate sets of land use rules;
noise level means sound pressure level in dB(A);
noise source means a commercial or industrial premises at which an activity is undertaken, or a machine or device is operated, resulting in the emission of noise;
Planning and Design Code or Code means the Planning and Design Code under the Planning, Development and Infrastructure Act 2016;
premises means land, or the whole or part of a building or vessel;
principal land use—see clause 4;
quiet noise designated area—a noise designated area is a quiet noise designated area if the land uses under the Planning and Design Code provisions that make land use rules for the noise designated area are principal land uses that all fall within either or both of the following land use categories:
	(a)	Residential;
	(b)	Rural living;
relevant Planning and Design Code provisions for premises means the Planning and Design Code provisions that make land use rules for the noise designated area in which the premises are situated;
source noise level (continuous) means the value, expressed in dB(A), of a continuous steady sound that, for the period over which the measurement is taken using fast time weighting, has the same mean square sound pressure as the noise level which varies over time when measured in relation to a noise source and noise‑affected premises in accordance with Part 3;
source noise level (maximum), in relation to a noise source, means the value, expressed in dB(A), of the highest instantaneous noise level using fast time weighting during the measurement of the source noise level (continuous) in relation to the noise source and noise‑affected premises;
tonal characteristic—a noise has a tonal characteristic if it has a perceptible and definite pitch or tone.
	(2)	In this policy, a reference to an Australian Standard or an Australian/New Zealand Standard is a reference to the Standard as varied from time to time.
4—Principal land uses and land use categories
	(1)	The Authority will, for the purposes of this policy, determine if a land use referred to in the relevant Planning and Design Code provisions for a noise designated area is a principal land use for the purposes of determining the land use category or categories that apply under this policy in respect of the area by reference to—
	(a)	in the first instance—the Desired Outcomes provisions of the Code that apply in respect of the noise designated area; and
	(b)	to the extent that further clarification or specificity is required—
	(i)	in the second instance—the Performance Outcomes provisions of the Code that apply in respect of the noise designated area; and
	(ii)	in the third instance—the Designated Performance Features provisions of the Code that apply in respect of the noise designated area.
	(2)	For the purposes of subclause (1), the Authority may also have regard to the Guide to the Planning and Design Code prepared by the Department for Trade and Investment, as in force from time to time.
	(3)	The use of a particular land use term in a relevant Planning and Design Code provision for a noise designated area will be taken to correspond to a particular land use category for the purposes of this policy in accordance with the Guidelines for the use of the Environment Protection (Commercial and Industrial Noise) Policy 2023 published by the Authority, as in force from time to time.
	(4)	The land use category or categories within which a principal land use under the Planning and Design Code falls is to be determined by the Authority in accordance with the Guidelines for the use of the Environment Protection (Commercial and Industrial Noise) Policy 2023 published by the Authority, as in force from time to time.
	(5)	The allocation of a noise designated area to a particular land use category or categories for the purposes of this policy will be determined by the Authority in accordance with the Indicative noise factor guidelines for the Environment Protection (Commercial and Industrial Noise) Policy 2023 published by the Authority, as in force from time to time.
	(6)	If there is disagreement as to—
	(a)	whether a land use referred to in the relevant Planning and Design Code provisions for a noise designated area is a principal land use; or
	(b)	which land use category a principal land use under the Planning and Design Code falls within,
the issue is to be determined, for the purposes of this policy, by the Authority after consultation with the State Planning Commission.
5—Indicative noise levels
	(1)	Subject to this clause, the indicative noise level for a noise source is to be determined as follows:
	(a)	where—
	(i)	the principal land uses under the relevant Planning and Design Code provisions for the noise source fall within a land use category specified in Table 1 in subclause (9); and
	(ii)	the principal land uses under the relevant Planning and Design Code provisions for the noise‑affected premises fall within the same category as the principal land uses under the relevant Planning and Design Code provisions for the noise source,
by reference to indicative noise factors set out in Table 1 in subclause (9);
	(b)	in any other case—by reference to indicative noise factors set out in Table 2 in subclause (9).
	(2)	When measurements to determine the source noise level (continuous) are taken—
	(a)	between 7.00 a.m. and 10.00 p.m. on the same day—an indicative noise factor used to determine the indicative noise level for the noise source is found in Table 1 or 2 in the column under the heading "Day"; or
	(b)	between 10.00 p.m. on one day and 7.00 a.m. on the following day—an indicative noise factor used to determine the indicative noise level for the noise source is found in Table 1 or 2 in the column under the heading "Night".
	(3)	An indicative noise factor is also selected from Table 1 or 2 by reference to a land use category (and an indicative noise factor for a land use category is found in the table in the column alongside the land use category).
	(4)	If the principal land uses under the relevant Planning and Design Code provisions for the noise source and the principal land uses under the relevant Planning and Design Code provisions for the noise‑affected premises all fall within a single land use category, the indicative noise level for the noise source is the indicative noise factor for that land use category.
	(5)	Subject to subclause (6), if the principal land uses under the relevant Planning and Design Code provisions for the noise source and the principal land uses under the relevant Planning and Design Code provisions for the noise‑affected premises do not all fall within a single land use category, the indicative noise level is the average of the indicative noise factors for the land use categories within which those land uses fall.
	(6)	Subclause (5) does not apply if the noise designated area in which the noise source is situated is separated from the noise designated area in which the noise‑affected premises are situated by another noise designated area that is (on an imaginary straight line joining the noise source and the noise‑affected premises) at least 100 metres wide, but instead subclause (4) applies as if the principal land uses under the relevant Planning and Design Code provisions for the noise source were the same as the principal land uses under the relevant Planning and Design Code provisions for the noise‑affected premises.
	(7)	A figure resulting from the calculation of an average under subclause (5) must, if it contains a fraction, be rounded to the nearest whole number.
	(8)	Despite the other provisions of this clause, if the measurement place is within a habitable room but cannot be located at an open window, the indicative noise level for the noise source is—
	(a)	the lowest end of the design sound level range set out in Australian and New Zealand Standard AS/NZS 2107:2016: Acoustics — Recommended design sound levels and reverberation times for building interiors, determined by the Authority to be the relevant level; or
	(b)	20 dB(A) less than the indicative noise level that would, but for this subclause, apply,
whichever is the greater.
	(9)	Tables

Table 1 (subclause (1)(a))			
Land use category	Indicative noise factor (dB(A))		
	Day	Night	
General Industry	65	65	
Special Industry	70	70	

Table 2 (subclause (1)(b))			
Land use category	Indicative noise factor (dB(A))		
	Day	Night	
Rural Living	47	40	
Residential	52	45	
Rural Industry	57	50	
Light Industry	57	50	
Commercial	62	55	
General Industry	65	55	
Special Industry	70	60	
6—Application of policy
Except insofar as it forms part of ambient noise, this policy does not apply to—
	(a)	a noise of a class set out in Schedule 1; or
	(b)	a noise if an environmental authorisation, environment protection order, or exemption, relating to the noise, applied to the noise immediately before the commencement of this policy and continues to apply to the noise.
7—Amendment of policy without following normal procedure (section 32 of Act)
	(1)	The following provisions of this policy may be amended by the Minister, by notice in the Gazette, under section 32(1)(c) of the Act:
	(a)	clause 3;
	(b)	clause 5;
	(c)	Part 3;
	(d)	Part 6
	(e)	Part 7;
	(f)	Schedule 1.
	(2)	The kinds of changes that may be made to a provision by amendment under subclause (1) are as follows:
	(a)	the provision may be substituted wholly or in part;
	(b)	material may be varied or struck out from the provision;
	(c)	material may be inserted into the provision.
	(3)	The Authority will not make a recommendation to the Minister for amendment of a provision under subclause (1) unless it has—
	(a)	developed a written proposal for the amendment, clearly setting out the purpose and likely impact of and reasons for the proposed amendment; and
	(b)	consulted with relevant organisations and industries and the community likely to be affected by the proposed amendment; and
	(c)	given consideration to and informed the Minister of the views expressed by those consulted.

Part 2—Objects of policy
8—Objects of policy
This policy has the following objects:
	(a)	to set out procedures for measuring commercial and industrial noise to determine compliance with the Act and this policy (see Part 3);
	(b)	to fix noise goals for most noise sources compliance with which will satisfy the general environmental duty under section 25 of the Act in relation to noise from those noise sources (see Part 4);
Note—
Clause 6 excludes certain noise from the application of this policy.
Part 4 does not apply to noises of a kind to which Part 6 and Part 7 apply.
	(c)	to set out criteria for determining what requirements (if any) the Authority or another administering agency will impose to deal with noise sources not complying with applicable noise goals under this policy (see Part 4);
	(d)	to provide the basis for a consistent approach to issues relating to commercial and industrial noise in the determination of applications for development authorisation under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016 (see Part 5);
	(e)	to make special provision for certain kinds of noises (see Part 6);
	(f)	to apply guidelines or other guidance documents to certain kinds of noises (see Part 7).

Part 3—Measurement procedure
9—Application of Part
Except as otherwise specified, this Part does not apply to noise to which guidelines under Part 7 apply.
10—Instrumentation
	(1)	The measurement of noise for the purposes of this policy must be taken by a sound level meter that complies with Australian and New Zealand Standard AS/NZS IEC 61672.1:2019: Electroacoustics—Sound level meters Part 1: Specifications and has been tested in the previous 24 months by a National Association of Testing Authorities of Australia registered laboratory and certified by the laboratory to be accurate within relevant tolerances allowed for a Performance Class 1 or 2 sound level meter in AS/NZS IEC 61672.1:2019.
	(2)	Other equipment may be used in conjunction with a sound level meter when taking a noise measurement provided that the overall accuracy of the measurement, as certified by a National Association of Testing Authorities of Australia registered laboratory in the previous 24 months, is no less than that acceptable for a Class 2 sound level meter.
	(3)	For each series of noise measurements taken, a calibrated reference sound source accurate within plus or minus 1 dB(A) must be used to check the performance of the sound level meter and other equipment used in the measurement, before and after that measurement.
11—Noise‑affected premises and measurement place
	(1)	For the purposes of this policy, measurements to determine the compliance with this policy of noise from a noise source are to be taken in relation to premises at which the noise is audible (noise‑affected premises) that—
	(a)	are in separate occupation from the noise source and used for residential or business purposes; or
	(b)	constitute a quiet ambient environment set aside as a park or reserve or for public recreation or enjoyment.
	(2)	The measurement of a source noise level (continuous) and, subject to clause 14, an ambient noise level (continuous) or background noise level must be taken at a place, determined in accordance with subclauses (3), (4) and (5), at the noise‑affected premises that is within or near, and at the same approximate elevation as, an area frequented by persons residing, working or sleeping at the premises, or, in the case of land set aside as a park or reserve or for public recreation or enjoyment, by members of the public.
	(3)	Unless the noise affected premises has existing acoustic attenuation installed, or the Authority or another administering agency determines that it is not practicable or relevant to do so, the measurement place must be located outside any buildings.
	(4)	If the Authority or another administering agency determines that it is not practicable or relevant to locate the measurement place outside any buildings—
	(a)	the measurement place must be at a window of a habitable room; and
	(b)	the window must be opened as wide as possible.
	(5)	If the noise affected premises has existing noise attenuation installed, or if the measurement place cannot be located at an open window of a habitable room, the measurement place must be within such a room.
	(6)	Subclauses (3), (4) and (5) do not apply to measurements for the purposes of Part 6.
12—General procedures
The following procedures must be adopted when measuring a source noise level (continuous), ambient noise level (continuous) or background noise level:
	(a)	if the measurement is taken outside—
	(i)	the microphone of the sound level meter must be at a height of 1.2 to 1.5 metres above any horizontal acoustically reflecting surface, and, if it is practicable and relevant, at a distance of at least 3.5 metres from any vertical acoustically reflecting surface; and
	(ii)	the axis of maximum sensitivity of the microphone of the sound level meter must be directed towards the noise source; and
	(iii)	a wind shield approved by the sound level meter manufacturer must be used; and
	(iv)	the wind velocity at the measurement place must not exceed 5 metres per second; and
	(v)	care must be taken to avoid any effect on the measurement of extraneous noise, acoustic vibration or electrical interference; and
	(vi)	steps must be taken, as determined by the Authority or another administering agency, to take account of any significantly varying meteorological patterns in the noise designated area;
	(b)	if the measurement is taken at an open window of a room—
	(i)	the microphone of the sound level meter must be in the middle of the plane of the open window; and
	(ii)	the axis of maximum sensitivity of the microphone of the sound level meter must be perpendicular to the plane of the window; and
	(iii)	a wind shield approved by the sound level meter manufacturer must be used; and
	(iv)	the wind velocity at the measurement place must not exceed 5 metres per second; and
	(v)	care must be taken to avoid any effect on the measurement of extraneous noise, acoustic vibration or electrical interference or noise generated within the premises in which the measurement is taken; and
	(vi)	steps must be taken, as determined by the Authority or another administering agency, to take account of any significantly varying meteorological patterns in the noise designated area;
	(c)	if the measurement is taken within a room or at any place determined by the Authority or another administering agency—
	(i)	the sound level meter must be held at a position that produces the highest noise level reading in the room or place when at least 1 metre from walls, at least 1.5 metres from windows, and at a height of 1.2 to 1.5 metres above floor level; and
	(ii)	a wind shield approved by the sound level meter manufacturer must be used; and
	(iii)	care must be taken to avoid any effect on the measurement of any extraneous noise, acoustic vibration or electrical interference or noise generated within the premises in which the measurement is taken; and
	(iv)	steps must be taken, as determined by the Authority or other administering agency, to take account of any significantly varying meteorological patterns in the noise designated area.
13—Source noise level procedures
	(1)	A measurement of a source noise level (continuous) made for the purposes of this policy—
	(a)	must be made using fast time weighting; and
	(b)	must be made—
	(i)	over a period of 15 minutes; or
	(ii)	if the Authority or another administering agency has determined, in accordance with the Guidelines for the use of the Environment Protection (Commercial and Industrial Noise) Policy 2023 published by the Authority as in force from time to time, that a different period is more or equally representative of the impact of the noise from the noise source—over the period so determined by the Authority or other administering agency.
	(2)	The source noise level (continuous) must be adjusted in a manner determined by the Authority to remove the influence of the ambient noise level (continuous).
	(3)	If the noise from the noise source contains characteristics, the source noise level (continuous) must be further adjusted in the following way (except for the purposes of comparison with the background noise level plus 5 dB(A)):
	(a)	if the noise from the noise source contains 1 characteristic, 5 dB(A) must be added to the source noise level (continuous);
	(b)	if the noise from the noise source contains 2 characteristics, 8 dB(A) must be added to the source noise level (continuous);
	(c)	if the noise from the noise source contains 3 or more characteristics, 10 dB(A) must be added to the source noise level (continuous).
	(4)	For the purposes of subclause (3), a noise from a noise source will not be taken to contain an intermittent characteristic unless the intermittent characteristic occurs between 10 p.m on one day and 7 a.m. on the following day.
	(5)	Subclause (3) does not apply to measurements for the purposes of Part 6.
14—Ambient and background noise level procedures
	(1)	A measurement of ambient noise level (continuous) or background noise level made for the purposes of this policy must be made—
	(a)	using fast time weighting; and
	(b)	over a period when the noise from the noise source is absent from the measurement place, being a period determined by the Authority or another administering agency to be adequately representative of the nature of the ambient noise.
	(2)	If it is not reasonably practicable to measure the ambient noise level (continuous) or background noise level at the noise‑affected premises because of difficulty in eliminating noise from the noise source or eliminating the effect of extraneous noise on the measurement, the measurement must be taken at a place determined by the Authority or another administering agency where—
	(a)	the noise from the noise source is absent; and
	(b)	extraneous noise does not affect the measurement; and
	(c)	the noise is determined by the Authority or other administering agency to adequately match the ambient noise at the noise‑affected premises.
15—Rounding
The final result of a measurement procedure under this Part must, if it contains a fraction, be rounded to the nearest whole number.

Part 4—General noise control provisions
16—Application of Part
Except as otherwise specified, this Part does not apply to noise to which the provisions of Part 6, or guidelines under Part 7, apply.
17—Compliance with noise goals satisfies general environmental duty
	(1)	The general environmental duty under section 25 of the Act is satisfied in relation to noise from a noise source, insofar as the noise affects particular noise‑affected premises, if the noise complies with the noise goals.
	(2)	The noise from a noise source complies with the noise goals if measurements taken in relation to the noise source and the noise‑affected premises show that—
	(a)	the source noise level (continuous) does not exceed the background noise level plus 5 dB(A); or
	(b)	the source noise level (continuous) does not exceed the indicative noise level for the noise source.
18—Criteria for determining action to deal with non‑complying noise from noise source
If noise from a noise source does not comply with the noise goals, the Authority or another administering agency must, in determining whether it should require any action to be taken to reduce the noise and, if so, what action should be required and what period should be allowed for taking such action, have regard to the following matters:
	(a)	the amount in dB(A) by which the source noise level (continuous) exceeds the relevant level and the frequency and duration of the noise level that give rise to that result;
	(b)	any component of the ambient noise or extraneous noise that—
	(i)	has a noise level similar to or greater than the source noise level (continuous); and
	(ii)	has a similar noise character or similar regularity and duration to the noise from the noise source;
	(c)	the times of occurrence of the noise from the noise source;
	(d)	the number of persons adversely affected by the noise from the noise source and whether there is any special need for quiet at the noise‑affected premises;
	(e)	the land uses existing in the vicinity of the noise source when the kind of activity currently undertaken at the noise source was first undertaken there;
	(f)	the kind of activity undertaken at the noise source and the other land uses existing in the vicinity of the noise‑affected premises when the current occupancy of the noise‑affected premises commenced;
	(g)	whether Planning and Design Code provisions applicable to the noise source have been introduced or changed since the kind of activity currently undertaken at the noise source was first undertaken there;
	(h)	whether Planning and Design Code provisions applicable to the noise‑affected premises have been introduced or changed since the current occupancy of the noise‑affected premises commenced;
	(i)	any other matter required to be taken into account under section 25 of the Act or determined to be relevant by the Authority or the other administering agency.

Part 5—Development authorisation applications
19—Development authorisation applications
	(1)	This clause applies for the purpose of the determination by the Authority under Part 6 Division 7 of the Act of the Authority's response in relation to an application for development authorisation referred to it under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016.
	(2)	For the purposes of this clause—
	(a)	the land to which the application for development authorisation relates is to be taken to be a noise source of the kind that would exist if the development proposed in the application had been undertaken and an activity of the kind proposed to be undertaken by the applicant were being undertaken there; and
	(b)	assuming that measurements were taken, in accordance with this policy, in relation to the noise source and existing or future premises (noise‑affected premises) determined by the Authority to be premises that might be adversely affected by the noise from the noise source—
	(i)	a predicted source noise level (continuous) for the development is the noise level determined by the Authority to be the source noise level (continuous) for the noise source that would result from those measurements; and
	(ii)	a predicted source noise level (maximum) for the development is a noise level determined by the Authority to be the source noise level (maximum) that would be recorded during those measurements; and
	(c)	the relevant indicative noise level is the indicative noise level determined for the noise source in relation to the noise‑affected premises.
	(3)	A predicted source noise level (continuous) for the development should not exceed the relevant indicative noise level less 5 dB(A).
	(4)	In addition, if the noise‑affected premises are situated in a quiet noise designated area—
	(a)	a predicted source noise level (continuous) for the development, as determined by the Authority for a period between 7.00 a.m. and 10.00 p.m. on the same day, should not exceed 52 dB(A); and
	(b)	a predicted noise level (continuous) for the development, as determined by the Authority for a period between 10.00 p.m. on one day and 7.00 a.m. on the following day, should not exceed 45 dB(A); and
	(c)	a predicted source noise level (maximum) for the development, as determined by the Authority for a time between 10.00 p.m. on one day and 7.00 a.m. on the following day, should not exceed 60 dB(A).
	(5)	Determinations to be made by the Authority for the purposes of subclauses (2) to (4) (inclusive) are, to the extent required by the Authority, to be made on the basis of documents and information (including calculations and technical details) provided by the applicant for development authorisation.
	(6)	If a predicted source noise level (continuous) or predicted source noise level (maximum) for the development exceeds a relevant level prescribed in subclause (3) or (4), the Authority must have regard to the following matters in determining its response:
	(a)	the amount in dB(A) by which the predicted source noise level (continuous) or predicted source noise level (maximum) exceeds the relevant level and the likely frequency and duration of the noise levels that give rise to that result;
	(b)	any component of the ambient noise or extraneous noise that—
	(i)	has a noise level similar to or greater than the predicted source noise level (continuous) or predicted source noise level (maximum); and
	(ii)	has a similar noise character or similar regularity and duration to the noise from the noise source;
	(c)	the times of occurrence of the noise from the noise source;
	(d)	the number of persons likely to be adversely affected by the noise from the noise source and whether there is or is likely to be any special need for quiet at noise‑affected premises;
	(e)	the land uses existing in the vicinity of the noise source;
	(f)	any other matter required to be taken into account under section 25 of the Act or determined to be relevant by the Authority.

Part 6—Special noise control provisions—frost fans
20—Interpretation
In this Part—
frost fan means a device designed or adapted to combat frost by fanning warmer air over the frost‑affected surfaces;
operator of a frost fan means the person responsible for the operation of the fan.
21—Operation of frost fans
	(1)	The following provisions apply to the operation of a frost fan:
	(a)	the fan must not be of dimensions, or have an operating speed, greater than is reasonably required for its effective operation;
	(b)	the fan must not be operated except during a period when frost occurs or is reasonably likely to occur, or as necessary for maintenance work;
	(c)	maintenance work must not be carried out on the fan except between 7.00 a.m. and 10.00 p.m. on the same day;
	(d)	the fan must not be operated if measurements taken in relation to the noise source and noise‑affected premises that are residential premises show that the source noise level (continuous) exceeds—
	(i)	the background noise level plus 5 dB(A); and
	(ii)	the relevant allowable noise level for the noise‑affected premises set out in the table in subclause (6).
	(2)	Measurements for the purposes of subclause (1)(d) must first be taken outside any buildings and, if the source noise level (continuous) exceeds the relevant levels prescribed in subclause (1)(d), that result must be ignored and measurements must then be taken in the noise‑affected premises within the habitable room most affected by noise from the noise source and the windows of that room must be kept closed during the measurements.
	(3)	If the fan is operated simultaneously with other frost fans at the same premises (whether on every occasion of its operation or some occasions only), measurements taken for the purposes of subclause (1)(d) must be taken in relation to the noise emitted when all the fans are in operation.
	(4)	For the purposes of this clause, the relevant allowable noise level for noise‑affected premises is selected from the table as follows:
	(a)	if the principal land uses under the relevant Planning and Design Code provisions for the noise‑affected premises fall within either or both of the land use categories Residential or Rural Living, the relevant allowable noise level is found in the table in the column alongside those land use categories;
	(b)	in any other case, the relevant allowable noise level is found in the column alongside the land use categories Rural Industry or Light Industry.
	(5)	The operator of a frost fan or an occupier of premises at which a frost fan is operated must ensure compliance with subclause (1) in relation to its operation.
	(6)	Table

Land use category	Allowable noise level (dB(A))		
	Measurements outside	Measurements within habitable room	
Residential or Rural Living	45	25	
Rural Industry or Light Industry	55	35	

Part 7—Guidance documents
22—Wind farms
	(1)	If an entity operates a wind farm, the Wind farms environmental noise guidelines 2021, prepared by the Authority, and as in force from time to time, apply.
	(2)	In this clause—
wind farm means a group of wind turbine generators.
23—Issue of environment protection orders to give effect to guidelines
The Authority or another administering agency may issue an environment protection order to a person who undertakes an activity referred to in this Part to give effect to the guidelines that apply to the activity under this Part.

Schedule 1—Noise excluded from policy (clause 6)
1—Interpretation
In this Schedule—
construction activity includes—
	(a)	demolition work, site preparation work and building maintenance or repair work; and
	(b)	the operation of vehicles within, or entering or leaving, a construction site; and
	(c)	any activities, at or within the immediate vicinity of a construction site, of persons who perform work at the site, or work connected with work at the site;
public infrastructure means—
	(a)	infrastructure, equipment, structures, works and other facilities used in or in connection with the provision of essential services or telecommunications; and
	(b)	roads and their supporting works;
public infrastructure works means works for the construction, installation, repair, maintenance or replacement of, or making of other physical changes to, public infrastructure.
2—Noise excluded from policy
This policy does not apply to the following:
	(a)	noise from activities carried on in the ordinary course of the operation of a school, kindergarten, child care centre or place of worship;
	(b)	aircraft noise;
	(c)	railway noise;
	(d)	other vehicle noise except from vehicles operating within, or entering or leaving, business premises;
	(e)	noise that may be the subject of proceedings under the Liquor Licensing Act 1997;
	(f)	noise from any of the following:
	(i)	aerodromes;
	(ii)	helicopter landing facilities;
	(iii)	motor racing or testing venues;
	(iv)	shooting ranges;
	(g)	noise from blasting operations carried out as part of a mining operation within the meaning of the Mines and Works Inspection Act 1920 or Mining Act 1971;
	(h)	noise from construction activity other than construction activity at or within the immediate vicinity of a site where development authorisation is not required under the Planning, Development and Infrastructure Act 2016 in respect of any of the activities undertaken at the site;
	(i)	noise from public infrastructure works;
	(j)	noise caused by emergency vehicle sirens, fire alarms and other emergency alarms and devices, except noise from reversing vehicle warning alarms or devices;
	(k)	noise outside of the human audible range.

Schedule 2—Repeal of Environment Protection (Noise) Policy 2007
The Environment Protection (Noise) Policy 2007 is repealed.

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal policy
Notice	Provision under which notice is made	Publication of policy in Gazette	Commencement	
Gazette 3.8.2023 p2425	28	Gazette 3.8.2023 p2426	31.10.2023