Nuisance and Pollution

Environmental nuisances, such as offensive odour, loud noise, dust and light can be disruptive and interfere with daily activities when experienced by the community.

An environmental nuisance is generally defined as:

  • unreasonable interference (or likely interference) with an environmental value caused by emissions of aerosols, fumes, light, noise, odour, particles (including dust) or smoke; or
  • unhealthy, offensive or unsightly conditions caused by contamination.

Environmental values include the amenity of a place, such as a house, that make it suitable for anyone to sleep, study or relax there.

Environmental pollution differs from nuisances as it can not only cause a nuisance, but also negatively impact the health of the environment leading to environmental harm.  Environmental pollution can fall into five broad categories:

  1. Air
  2. Water
  3. Soil, 
  4. Noise, and
  5. Light. 

How Make a Complaint

If you have witnessed a person releasing causing a pollution incident or nuisance you should contact council as soon as possible. 

Alternatively, you can call the 24/7 Pollution Hotline 1300 130 372 (option 2) or complete an online environmental incident report, from either your desktop or mobile device.

Read more about the following issues and how to report to the relevant authority:

How complaints are managed

Council may undertake a range of actions to address environmental nuisances and pollution incidents, such as:

  • Undertaking investigations and enforcement action where necessary, 
  • talking to affected residents and nearby businesses,
  • checking that local industry is complying with their licence conditions and have appropriate environmental management measures in place,
  • conducting environmental monitoring, and
  • working with other authorities.

Burke Shire Council does not deal with noise complaints about:

Factsheets

The Queensland Government has developed a noise factsheet (PDF, 220 KB) to assist local councils, residents and businesses understand how noise is intended to be managed for our communities

How Council Undertakes Monitoring and Enforcement of the Act

It is important to remember that laws carry penalties which are legally binding.  Local Governments can choose from a number of ways to enforce laws including verbal warnings, notices, on-the-spot fines (penalty infringement notices), cancellation of licences, court action and even the confiscation of property.

Burke Shire Council contracts tertiary qualified Environmental Health Officers to conduct monitoring and enforcement of the Act in accordance with:

  1. In accordance with the guidance provided by the Department of Environment and Science in its document titled 'Enforcement Guidelines' Burke Shire Council's applicable policies and procedures,
  2. Applicable Legislative requirements, and
  3. Council's applicable policies and procedures.

Light Nuisances

Light emissions can come from many sources including security lights, spotlights and flood lights, advertising signs and entertainment events. 
Sometimes light can affect neighbours and interfere with their normal activities. If severe enough, it can impact on people's health.

How to reduce light emissions

You can reduce light emissions by.

  • Turning off lights when not in use or not needed. Consider using sensor switches.
  • Locating lights as far as possible from neighbours and away from sensitive areas, like bedroom windows.
  • Avoiding placing the light near a reflective surface and use existing features to hide the light source from view.
  • Directing light downwards to illuminate the target area. If there is no alternative to up-lighting, try shields and baffles to help keep spill light to a minimum.
  • Using equipment that can minimise light spread near, or above, the horizontal.
  • Fitting only the number of light bulbs you need for an area. Over lighting can cause light pollution and waste energy.
  • Keeping glare to a minimum. Ensure the main light beam is kept below 70 degrees from horizontal.

Dust Nuisances

Construction, excavation, landscaping and driving on unsealed roads can all cause dust and dirt. Sometimes dust and dirt can affect neighbours and interfere with their normal activities. If severe enough, it can damage property and impact on people’s health. 

How to reduce dust and dirt

You can reduce dust and dirt emissions by:

  • checking weather conditions when planning work
  • watering down roadways or dusty areas
  • retaining as many plants and grass as possible
  • using on-site waste as a dust barrier (e.g. green waste could be mulched and spread on the ground)
  • erecting a dust fence or tree rows
  • using hydro mulch for large areas
  • using property access points away from neighbours
  • limiting vehicle speeds and consider reducing the time vehicles use unsealed roads.

Odour Nuisances

Odour can come from many sources including spear pumps, septic tanks, compost heaps, rotting vegetation, fertilisers, and rubbish. 

Sometimes odour can affect neighbours and interfere with their normal activities. If severe enough, it can impact on people’s health.

How to reduce odour emissions

You can reduce general odour by:

  • keeping your yard tidy – rubbish and vegetation can create an odour,
  • considering weather conditions before applying fertilisers – try to avoid windy days and wet days,
  • covering or enclosing your compost and turning regularly, and
  • regularly servicing your septic tank and ensure its operation in maintained within its working parameters.

 

Noise Nuisances

Noise pollution is unwanted and excess sound in the environment. The potential health effects of noise pollution include increased stress levels, sleep disturbance, or hearing damage.

If you are affected by noise, talk to the person responsible and try to achieve a solution that will satisfy everyone. Agreeing on the hours of use, alternative locations for the activity or the equipment used are some examples of topics you can discuss. Give them time to put the measures in place.

If you can’t reach a solution, you can lodge a complaint with Council. Alternatively, you can contact the Dispute Resolution Centre.

Air-conditioning noise

Air-conditioners need to comply with the permitted noise levels and not cause a noise nuisance.

Permitted noise levels

  • 7am to 10pm – no more than five decibels (A) above the background noise level.
  • 10pm to 7am – no more than three decibels (A) above the background noise level.

How to reduce noise levels

You can help to reduce noise by:

  • limiting the hours of use (find out what times neighbours are most disturbed by the noise)
  • selecting a quieter air-conditioning model
  • choosing the unit location carefully (avoid placing near neighbouring bedroom windows, offices, multiple walls and corners)
  • performing regular maintenance
  • installing a solid fence or barrier
  • installing an acoustic enclosure - check with the manufacturer or installer for advice
  • modifying equipment – check with the manufacturer or installer for advice.

This information is also available as an air-conditioning equipment noise fact sheet.

Amplified device noise

Amplifier devices, including the following, need to comply with the permitted noise levels and not cause a nuisance:

  • loudhailer
  • megaphone
  • public address system, other than a railway
  • remote telephone bell
  • telephone repeater bell.

Devices used at indoor venues and entertainment events have different noise requirements.

Permitted noise levels

If noise from the amplifier device is audible at an affected premises between the following hours, the responsible person may be issued a fine or notice:

  • 10:00pm and 7:00am Monday to Friday
  • 6:00pm and 8:00am on Saturday, Sunday, or public holidays.

If you are using your device at other times, you need to ensure the noise level is no more than 10 decibels (A) above the background level.

How to reduce noise levels

You can help to reduce noise by:

  • limiting hours of use
  • selecting a quieter model or quieter equipment, (e.g. using a pager or replacing telephone repeater bells with a visual alarm)
  • installing a solid fence or barrier
  • choosing the device location carefully. Avoid placing near neighbouring bedroom windows, offices, multiple walls and corners.

This information is also available as an amplifier device noise fact sheet (DOCX, 113.75 KB).

Building Work Noise

This information applies to builders and owner-builders with a permit. Home renovators using tools and machinery have different noise restrictions.

Permitted noise levels

If noise from building work is audible at an affected premises between the following hours, the responsible person may be issued a fine or notice:

  • 6:30pm to 6:30am Monday to Saturday
  • any time on Sundays or public holidays.

Sometimes building work noise can comply with the permitted levels but still be considered a noise nuisance when assessed against the emission criteria. In this case, Council can issue a notice to the responsible person.

How to reduce noise levels

You can help to reduce noise by:

  • limiting the hours of use (find out what times neighbours are most disturbed by the noise)
  • selecting quieter equipment
  • working as far as possible from neighbours and noise sensitive places (e.g. bedroom and office windows)
  • performing regular maintenance on equipment
  • installing a solid fence or barrier
  • installing an acoustic enclosure around fixed equipment (e.g. compressors (check with the manufacturer or installer for advice)
  • modifying equipment (check with the manufacturer or installer for advice)
  • let neighbours know about the noisy works and leave a contact number
  • if noisy work is ongoing, consider respite days or scheduling the work so there is a break from the noise
  • limit noisy work to certain times of the day when it is less likely to impact on neighbours.

This information is also available as a building work noise fact sheet (DOCX, 113.71 KB).

Pump Noise

Swimming pool, spa and other water pumps need to comply with the permitted noise levels and not cause a nuisance to neighbours.

Permitted noise levels

If the noise at a premises is over the following levels, a fine or notice may be issued to the responsible person:

  • 7am to 7pm - no more than five decibels (A) above the background noise level
  • 7pm to 10pm – no more than three decibels (A) above the background noise level
  • 10pm to 7am – no noise heard.

How to reduce noise levels

You can help to reduce noise by:

  • limiting hours of use – understand how long your pool filter needs to run for
  • selecting a quieter model
  • choosing the pump location carefully (avoid placing near neighbouring bedroom windows, offices, multiple walls and corners)
  • performing regular maintenance
  • installing a solid fence or barrier
  • installing an acoustic enclosure - check with the manufacturer or installer for advice
  • modifying equipment – check with the manufacturer or installer for advice.

This information is also available as a pump noise fact sheet (DOCX, 114.25 KB).

Refrigeration Noise

Noise from refrigeration equipment needs to comply with the permitted noise levels and not cause a nuisance to neighbours.

Permitted noise levels

If the noise at a premises is over the following levels, a fine or notice may be issued to the responsible person:

  • 7am to 10pm - no more than five decibels (A) above the background noise level
  • 10pm to 7am – no more than three decibels (A) above the background noise level.

How to reduce noise levels

You can help to reduce noise by:

  • selecting a quieter model
  • choosing the refrigeration equipment location carefully (avoid placing near neighbouring bedroom windows, offices, multiple walls and corners)
  • parking truck mounted units at a depot or away from noise sensitive areas
  • performing regular maintenance on refrigeration equipment
  • installing a solid fence or barrier
  • installing an acoustic enclosure - check with the manufacturer or installer for advice
  • modifying equipment – check with the manufacturer or installer for advice.

This information is also available as a refrigeration equipment noise fact sheet (DOCX, 114.07 KB).

Tools and Machinery Noise

Tools and machinery, including the following, need to comply with the permitted noise levels and not cause a nuisance:

  • compressors and generators
  • ducted vacuuming systems
  • lawnmowers and edge cutters
  • impacting tools (e.g. hammers and nail guns)
  • leaf blowers and mulchers
  • oxyacetylene burners
  • power tools (e.g. chainsaws, drills and sanders).

Builders and owner-builders have different noise requirements.

Permitted noise levels

If noise from tools and machinery is audible at an affected premises between the following hours, the responsible person may be issued a fine or notice:

  • 7pm to 7am - Monday to Saturday
  • 7pm to 8am - Sundays or public holidays.

How to reduce noise levels

You can help to reduce noise by:

  • limiting hours of use
  • selecting a quieter model or quieter equipment, (e.g. sweep instead of using a leaf blower)
  • working indoors, if possible and away from noise sensitive areas, (e.g. bedroom and office windows)
  • performing regular maintenance on equipment
  • installing an acoustic enclosure on fixed equipment - check with the manufacturer or installer for advice
  • modifying equipment – check with the manufacturer or installer for advice.

This information is available as a regulated device noise fact sheet (DOCX, 110.72 KB).

Also available is a waste receptacles and associated noise fact sheet (DOCX, 110.54 KB).

Outdoor Event Noise

Outdoor entertainment events, including the following, need to comply with the permitted noise levels and not cause a nuisance to neighbours:

  • concerts
  • festivals
  • sporting competitions and races.

Permitted noise levels

If the noise at a premises is over the following levels, a fine or notice may be issued to the responsible person:

  • 7am to 10pm – noise is no more than 70 decibels (A)
  • 10pm to midnight – no more than 10 decibels (A) above the background noise level or 50 decibels (A), whichever is lower
  • midnight to 7am – no noise heard.

Exemptions

The permitted noise levels do not apply to:

  • educational buildings used for non-commercial activities
  • entertainment events issued with a licence or permit by council, or a liquor licence from Office of Liquor and Gaming Regulation, with noise level conditions
  • sites that have a development approval with noise level conditions.

How to reduce noise levels

You can help reduce the impact of noise levels by:

  • having a noise management plan
  • planning the location and orientation of stages, audio systems and amplifier devices – face away from neighbours
  • turning noise down, particularly the bass
  • letting your neighbours know about the event and providing an event hotline for complaints
  • monitoring noise levels during the event

Smoke Nuisances

Smoke from wood fired heaters, fire pits and open-air fires can affect neighbours and interfere with their normal activities. If severe enough, it can impact people’s health. 

How to reduce smoke emissions

You can reduce smoke by:

  • composting, recycling, or reusing waste where possible
  • taking garden waste to a council transfer station
  • avoiding burning of paints, hazardous chemicals, wet paper or cloth and sanitary napkins, as they release hazardous chemicals
  • avoiding burning of wet or green vegetation which smoulders and causes excessive smoke
  • giving fires maximum airflow so that they release less smoke
  • checking weather conditions - avoid burning any materials in windy conditions.

Water Pollution

Water is a scarce and essential natural resource. Conserving and maintaining water quality is especially important in Australia, the world’s driest inhabited continent. Preventing or reducing water pollution protects our water quality and is essential to maintaining the health of our environment and our own quality of life.

Release of contaminants to waterways and stormwater is regulated under the Environmental Protection Act 1994, and council has jurisdiction to investigate complaints. Waterways can be impacted by runoff and pollution from rural and urban areas.

What is the law?

Individuals pollute water by littering (including cigarette butts), pouring oils down drains, washing cars, cleaning paint brushes and using chemicals on their gardens. These pollutants (prescribed water contaminants) are then washed or blown into stormwater drains and local waterways, causing harm to natural ecosystems and reducing the quality of the water essential for use by people and industry.

Under the Environmental Protection Act 1994 it is an offence (whether wilfully or unwilfully) to:

  • deposit a prescribed water contaminant into stormwater drains, roadside gutters or waterways
  • deposit a prescribed water contaminant in a place where it could potentially wash, blow, fall or move into stormwater drains, roadside gutters or waterways
  • release stormwater run-off which results in the build-up of earth in stormwater drains, roadside gutters or waterways.

A person must not deposit a prescribed contaminant in a waterway, some examples of pollutants that are prescribed contaminants include:

  • sediment from building sites
  • dirt, grass or vegetation
  • oxides and paint from roof washing
  • water from cleaning concrete mixers or laying an exposed aggregate driveway
  • oil from vehicles
  • litter
  • paint and chemicals
  • sewage.

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