ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994
Environmental Nuisance
Environmental nuisances can negatively impact all aspects of the environment, both land and amenity. Circular Head Council have powers under the Local Government Act 1993 and the Environmental Management and pollution Control Act 1994 to investigate nuisances reported to Council.
Under the Environmental Management and Pollution Control Act 1994 anEnvironmental nuisance means the emission of a pollutant that unreasonably interferes with, or is likely to unreasonably interfere with, a person’s enjoyment of the environment. This includes things such as:
- Noise
- Odour
- Smoke
- Litter
- A gas, liquid or solid
Under the Local Government Act 1993 a nuisance is defined as anything that:
- causes, or is likely to cause, danger or harm to the health, safety or welfare of the public; or
- causes, or is likely to cause, a risk to public health; or
- gives rise to unreasonable or excessive levels of noise or pollution; or
- is, or is likely to be, a fire risk; or
- constitutes an unsightly article or rubbish.
If you think an environmental nuisance is occurring, you can contact Council and we will investigate the complaint if you provide the following:
- contact details, including name, phone number and address;
- the address the nuisance is coming from
- provide as much details as you can about the nuisance
- Tell us how the nuisance is impacting on your enjoyment of the environment
- Tell us what steps you have already taken to result the issue before contacting Council. Some people may not be aware that they are causing a nuisance. A chat with you neighbour may resolve the issue.
The EPA have several resources available for environmental nuisances. The links are provided below.
Noise
The permissible hours of use developed by the EPA set out permissible hours for various types of machinery that is commonly used on residential properties. These Permissible Hours of Use have been established for machinery commonly used in garden and home maintenance, building and recreational activities.