Barry’s Bureaucracy Bounce
Barry Watson’s issue is simple: VicRoads’ noise policy does not extend from midnight to six in the morning, leaving residents unprotected between the hours when most are sleeping.
Words: Emma D’Agostino

Image: Anirudh Asher
Nonetheless, Mr Watson has ricocheted between the statutory authorities responsible for environmental protection in Victoria for over 15 years waging a campaign to deliver Victorians a world-class night time road traffic noise policy.
And he expects to be waiting for some time yet, while the EPA Victoria and the DSE draft a statutory policy review.
Though the latter is primarily responsible for statutory policy in Victoria at present, the EPA assists by providing technical advice, where required.
The purpose of the intended review, which is yet to be fully drafted, is believed to be to consider ways to improve the framework for managing State Environment Protection Policies (SEPPs).
Under ‘wider consideration’ is whether or not the DSE ought to be primarily responsible for Victoria’s environmental statutory policies instead of the EPA.
According to Mr Watson, the DSE has been considering its role in policy procedures since July 2010, only a year after the Victorian Competition and Efficiency Commission (VCEC) recommended the responsibility for developing new regulatory proposals be shifted from the EPA to the DSE.
This was done to prevent the environmental regulator developing policies it would later be responsible for enforcing.
The policy review’s approval for public release is reportedly weeks away.
SOUNDS LIKE TROUBLE
Mr Watson’s house backs onto the Eastern Freeway extension.
He said he first became concerned with how noise and air pollution was likely to affect residents living near the extension to Springvale Road as a community representative on the Eastern Freeway Community Liaison Group in 1995.
“There was a period when I was reluctantly accepting of the extension,» Mr Watson said.
“As it was being planned, I started to ask questions about noise, and straight away things didn’t sound right,” he said.
His suspicions were confirmed when VicRoads ignored recommendations in a report they commissioned from the then Carr Marshall Day Acoustics, now Marshall Day Acoustics, to erect curved sound absorptive barriers rather than vertical sound reflective walls.
These would muffle noise in the valley in which the extension was built rather than amplifying it.
VicRoads opted to install the cheaper, vertical barriers instead, bouncing the traffic noise back at approximately 400 elevated residences.
“It’s dumb design,” Mr Watson said.
Ultimately he hopes a policy will be introduced in Victoria which will adhere to the World Health Organisation’s suggestions for night time noise levels- a maximum of 45 dBA at a bedroom window on any level at night time, so that it may be left open.
The existing road traffic noise policy in Victoria states that noise generally should not exceed 68 dBA on the ground floor of residencies nearby existing roads.
From Mr Watson’s first floor bedroom window, road traffic noise has been measured at 3 dBA above the ground floor measurement.
Note that dBA is not the same as dB dBA is a logarithmic scale.
An increase of three dBA is equal to doubling traffic volume.
Mr Watson said the current road traffic noise policy is a third world ‘nothing’ policy in comparison to best practice.
“Then on top of that there’s nothing for the night time,” he said.
NO RELIEF FROM NOISE
Vic Roads told Mr Watson it had no intention of introducing such a responsibility into its existing policy.
‘Vic Roads is not revisiting its Traffic Noise Reduction Policy at present,’ Vic Roads Network and Asset Planning Executive Director Robert Freemantle wrote to Mr Watson in May 2009.
VicRoads Environmental Director, Dr Helen Murphy, told Monash University Journalism’s ‘Dangerous Ground’: “The Traffic Noise Reduction Policy represents a reasonable compromise between amenity, property value impacts, cost, and practicability.”
Dr Murphy said there is less noise between midnight and six in the morning because the volume of traffic on Victorian roads between those hours is ‘significantly less’ than during the day.
“Measurements show that from midnight to 6am noise levels are approximately five decibels lower than the average day time measurement,” she said.
Nonetheless, the EPA seemed set to act when it introduced a draft state environmental protection policy (SEPP) for road traffic noise strategies in May 2002.
Much to Mr Watson’s frustration, this is as far as the EPA took the initiative in the eight years since.
Upon raising the issue with EPA Victoria’s new leadership team last year, Mr Watson was told the EPA had no intention to recommence work on the draft.
EPA Chairperson Cheryl Batagol referred Mr Watson to the DSE, outlining the DSE’s primary responsibility for preparing new regulatory proposals and providing policy advice in official correspondence.
The DSE intends to liaise with Mr Watson to better understand his experiences over the past 15 years.
However, staff caution they may not be able to assist Mr Watson unless the change he is lobbying for is on the state government’s agenda.
According to EPA’s chief executive John Merritt, the responsibility for negotiating with government departments does not lie with residents affected by jurisdictional overlaps.
“That’s my problem, navigating government,” Mr Merritt told Dangerous Ground earlier this year.
Mr Merritt said the single greatest feedback the EPA received from its recent compliance and enforcement review was frustration at the overlap between government departments hindering the resolution of an issue.
“The first step is to assert our jurisdiction,” he said.
Head of the recently released compliance and enforcement review, Stan Krpan, also found many members of the community who participated in consultations throughout the year to harbor similar frustrations.
He told Dangerous Ground he was very well educated by members of the public who had been disappointed with their EPA for, in some cases, thirty years.
Mr Krpan suggested the EPA inform the public about which issues it was responsible for, when it would be able to act, and how they could expect it would respond in his report.
DOES THE WATCHDOG HAVE SELECTIVE VISION?
Mr Watson also filed several letters with Ombudsman Victoria regarding the EPA’s responsibility to protect Victorians from environmental pollution, including noise pollution.
However, he found its response to be “appalling”.
“I’ve come to the conclusion with the Ombudsman that they’re not interested in the person out there, they’re only interested in complaints from industries or politicians or bureaucrats, because the response I got was so bad,” Mr Watson said.
“It was just so riddled with errors that I wrote back and said, your response is so full of errors it’s not funny and I’m pretty disappointed that you’ve made them,” he said.
Consequent correspondence from General Counsel Ian Killey of the Victorian Ombudsman stated that ‘the issues of which you complain are, in so far as can be ascertained, policy issues and the appropriate place to pursue those concerns is with the relevant Minister or with your local member of State Parliament.’
“It’s even worse. If that’s not someone who’s said I don’t want to deal with this, go away, leave me alone…” Mr Watson said.
“He’s completely ignored everything, he comments on nothing. He says, it’s not for us to solve your problem,” he said.
MAKING MORE NOISE
The increased potential for physiological and psychological health deterioration as a result of prolonged excessive noise exposure is well documented by the World Health Organisation.
These range from cardiovascular disease to increased neurosis and irritability.
“A lot of people sell up and move on. And others, they just give up,” Mr Watson said of residents living near major roads.
He has no intention of doing so.
Mr Watson is liaising with similarly affected members of the community to raise awareness for their plight.
Ms Batagol indicated to Mr Watson in their correspondence last year that, ‘EPA is very aware of the impact that road traffic noise has on the Victorian community.’
‘A Community Noise Survey published by EPA in 2007 indicated that 20% of Victorians were moderately or extremely annoyed by road traffic noise,’ Ms Batagol wrote.
“It’s incredible that they’ve been able to defend not having a policy for so many years,” Mr Watson said.
Note: This piece was published on Monash Universitys Spectrum website on 18 May 2011. It also featured prominently on the websites home page:

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