Environmental Nuisance

Environmental nuisance is a term used in the Environmental Protection Act to explain 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.

This page contains information on the following:

• Noise
• Light
• Dust, smoke and odour 
• How to prevent causing environmental nuisance at your home

Council will investigate requests in relation to residential and some commercial properties. If a business has an environmental licence with Department of Environment and Science, they will need to be contacted directly (Phone: 13 74 68).

As part of Council’s investigation, you may be required to complete a diary over a week or two to provide information on the extent of the nuisance.  This information must accurately portray the situation as it could be used as evidence if the issue escalates. Council officers will provide advice if the diary is required.

If the nuisance is from one of the following, please contact the relevant agency:

Noise

Noise is an inescapable part of modern human life and rare moments of solitude are usually disturbed by noise of some sort. There are legal limits on the amount and type of noise made in our community, as well as restrictions on the times noise can be made. While the noise may seem excessive or too loud to some, there are allowable noise limits in place. These laws try to provide a balance between the protection of our quality of life, and the reasonable pursuit of activities that have the potential to annoy others.

The Environmental Protection Act 1994 has provided default noise standards.  Council will investigate each of the following based on these standards.

Light

Lighting is often important in urban areas for safety reasons, however excessive lighting from office buildings or security lighting in residential or commercial areas can be a nuisance and may reduce the quality of life for some people.

Council is responsible for regulating nuisance light emissions from residential premises and most commercial/industrial premises.

When investigating a light complaint, council will consider:

• the amount of light
• the length of time and rate of emission and the light's characteristics and qualities
• the sensitivity of the environment and the impact of the light
• views of any other neighbours or complainants
• any development permit conditions of approval.

The Environmental Protection Agency (EPA) regulates nuisance light emissions from premises holding a licence with the EPA.

Dust, smoke and odour

The Environmental Protection laws also cover other unreasonable releases of various emissions which include dust, smoke, fumes, and odour. Examples include:

• Smoke or ash from burning off wastes
• Smoke, ash or fire hazard from backyard burning
• Aerosols from paint cans and other fine mists
• Fumes from petrol or diesel
• Dust from construction works, and
• Odour from composting or accumulated rubbish.

Smoke, odour or fumes emitted from residential cooking are exempt from the nuisance legislation.

Dust from demolition and construction work, if badly managed, can cause environmental nuisance and impact those living adjacent or near the work site. 

How to prevent causing environmental nuisance at your home

If an excessive or continuous noise complaint is made against you, it is important that you take any necessary steps to reduce noise to acceptable levels. If you fail to do so, financial penalties may apply.

The below handy tips are relevant for most equipment or activities that can cause excessive or continuous noise. For more specific tips, see the applicable heading below.

• If you are going to be doing an activity that may result in prolonged noise, speak to your neighbours and let them know in advance.
• Find out when your neighbours are most disturbed by noise and limit operation during these times if possible.
• Where possible equipment and activities should not be run near neighbouring bedroom windows or offices.
• Regular maintenance of equipment can decrease noise levels and improve effectiveness.
• Install a solid fence or barrier (no gaps) between you and your neighbour to reduce the noise level.
• Consider enclosing the equipment in a ventilated wood box with an absorbent lining, if applicable. Contact the equipment manufacturer or installer for advice.
• Modification of some equipment may reduce noise. Contact the manufacturer or installer for advice.
• Ensure noise is only being generated within the allowable hours as outlined in the table above.

Air conditioning unit

Replace the air-conditioner with a quieter model.

Amplified devices

Alternatives may be available that are quieter or do not disturb neighbours. For example, telephone repeater bells can be replaced with visual alarms to alert the receiver of a call.

Building and Construction

When buying equipment, consider a quieter option. Manufacturers often label equipment with the noise level or can provide this information. Alternatives such as electrical equipment may be quieter than petrol models.

Machinery and Power Tools

When buying equipment, consider if a quieter option is available. Manufacturers often label equipment with the noise level or can provide this information. Alternatives such as electrical equipment may be quieter than petrol models.

Operating power boat engine at a premises

• An enclosed garage or shed may be a more suitable alternative than outside, depending on its location.
• If extensive running of a motor is required, consider an alternative location.

Pumps

• If it’s a swimming pool pump, know how long the pool filter needs to run for and set a timer to run at times that don’t disturb your neighbour. Talk to your local pool shop or pool pump manufacturer for information on the optimal running of the pump.
• Older pumps can be noisy and an undersized pump may need to run longer to maintain water quality. Replacing the pump with a quieter or appropriately sized model may reduce noise levels.

Refrigeration Equipment

• The noise level of refrigeration equipment can vary significantly depending on the type and size of the unit. Units operating on electricity or with an electric option are quieter than engine driven units.
• For truck mounted units, consider parking at a depot or away from residential areas.