Environmental nuisances

What is an environmental nuisance?

Council receives numerous enquiries regarding nuisance complaints throughout the Bundaberg Region.

The following information aims to answer some of the more common questions asked by residents.

The Environmental Protection Act 1994 states that an:

Environmental nuisance is unreasonable interference or likely interference with an environmental value caused by aerosols, fumes, light, noise, odour or particles of smoke.

On receipt of a complaint regarding a nuisance, Council will generally write to both parties and inform them of the relevant provisions of the legislation. The complainant will then be issued with a Nuisance Diary for which they will be asked to complete for a two (2) week period. This provides Council with a history of the nuisance. Once the completed diary is submitted to Council’s Environmental Health Services, an Environmental Health Officer will assess the information and determine any further action.

When investigating a nuisance complaint Council Officers make an assessment under the general emission and/or noise emission criteria under the Environmental Protection Act 1994 to determine an offence. Criteria examples include:

  • The amount of aerosols, fumes, light, noise, odour, particles of smoke being emitted
  • The duration and rate of emission
  • The Characteristics and qualities of the emission
  • The sensitivity of the environment into which the emission may be impacting
  • The views of any other neighbours

Noise nuisances

Neighbourhood noise can be a nuisance and, if loud enough, affect people’s health.

Please select the relevant noise source to obtain information on each of the default noise standards as stated in the Environmental Protection Act 1994.

A fact sheet with more information regarding noise pollution is available here(PDF, 1MB).

Regulated Devices

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.

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:

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

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.

Builders and owner-builders have different noise requirements which can be found below.

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:

  • 6.30 pm to 6.30 am 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.

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,
  • 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.

Air conditioning noise

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

Permitted noise levels

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

Amplifier Devices

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 pm and 7 am Monday to Friday
  • 6 pm and 8 am 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.

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.

Indoor Venues

Noise from indoor venues, including the following, needs to comply with the permitted noise levels and not cause a nuisance:

  • indoor cricket or netball,
  • ten pin bowling.
  • concerts,
  • religious worship,
  • squash.

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:

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

The permitted noise levels do not apply to:

  • educational buildings used for non-commercial activities,
  • entertainment venues 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.

You can help reduce noise by:

  • planning the location and orientation of stages, audio systems and amplifier devices – face away from neighbours,
  • installing a solid fence or barrier,
  • selecting quieter equipment and amplifier devices or use alternatives, e.g. using a pager or replacing telephone repeater bells with a visual alarm,
  • limit time noisy equipment and devices are used,
  • if possible, keep doors and windows closed,
  • consider installing a noise limiting device.

Outdoor Events

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:

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

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.

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.

Power Boat Engine Noise

Power boat engine noise needs to comply the permitted noise levels and not cause a nuisance.

Permitted noise levels

Power boat engine noise on land

If power boat engine noise on land can be heard a premises between the following hours, the responsible person may be issued a fine or notice:

  • 7 pm to 7 am Monday to Saturday
  • 6.30 pm to 8 am Sundays and public holidays.

Power boat engine noise on waterways

Where a power boat is used for sporting activities on waterways during the following times, a fine or notice may be issued if noise can be heard at a premises continuously for more than two minutes:

  • 7 pm to 7 am Monday to Saturday
  • 6.30 pm to 8 am Sundays and public holidays

You can help to reduce noise by:

  • limiting the hours of use,
  • carrying out testing and maintenance away from noise sensitive places, e.g. bedroom and office windows,
  • selecting a quieter model,
  • staying away from premises and limiting time in one location when on a waterway.

Pump

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:

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

Refrigeration Equipment

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:

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

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.

Air pollution nuisances

Air pollution can impact your neighbours and interfere with their daily activities. If severe enough, it can affect health and the environment.

Council investigates complaints about air pollutants such as smoke, dust and dirt, light, odour and spray drift.

Dust and Dirt

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.

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,
  • minimising the size of open and unsealed areas

     

Light

Light emissions can come from many sources including security lights, spot lights 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.

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.

This information is also available as a light emissions fact sheet(PDF, 1MB).

Odour

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.

General odour

You can reduce 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.

Septic tank odour

You can reduce septic tank odour by:

  • perform regular maintenance on your septic tank system and pump it out when needed,
  • not putting paints, hazardous chemicals, cigarette butts, pet bath water and sanitary napkins down the drain,
  • not washing grease, fats and oils down your kitchen sink - use environmentally friendly products with low sodium,
  • making sure the septic trenches and effluent irrigation system is working correctly and not leaking or ponding effluent over the ground,
  • ensuring there are no cracks in the septic tank lid and grease traps.

Spear/Bore pump odour

You can reduce spear pump odour by:

  • making sure the pump is sealed and free of cracks
  • regularly removing the slime or chemical sludge from the spear pump screens,
  • avoiding using a sprinkler - use a hand-held hose with a large droplet setting or a soaker hose facing downwards into the soil.

Smoke

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.

You can reduce smoke by:

  • composting, recycling or reusing waste where possible,
  • taking garden waste to a council transfer station,
  • not burning paints, hazardous chemicals, wet paper or cloth and sanitary napkins, as they release hazardous chemicals - check with council to see if domestic burning is permitted,
  • not burning wet or green vegetation which smoulders and causes excessive smoke,
  • giving fires maximum air-flow so that they release less smoke,
  • checking weather conditions - avoid burning any materials in windy conditions or where the wind is blowing towards your neighbour.

How to reduce smoke from wood fire heaters

Before you install a wood fire heater consider the impact on your neighbours, the size needed to heat your home and consider heating alternatives (e.g. a gas heater). All wood fire heaters need to comply with Australian Standard AS4012 and AS4013.

You can reduce smoke and particles from wood heaters.

  • Not burning chipboard or painted or treated timber.
  • Choosing dry firewood – it should be air dried for at least eight months. Wet or green wood causes more smoke.
  • Storing firewood under cover, stacked in a crisscross pattern to allow air to circulate.
  • Burning the fire brightly - start with dry kindling and gradually add larger wood pieces. An efficient fire should have red glowing embers and bright swirling flames.
  • Keeping air controls open at night - avoid shutting down the air controls (damper) overnight.
  • Check your chimney to see if it is smoking too much.
  • Cleaning and maintaining your chimney and wood heater regularly, e.g. check the glass door for cracks, seals for deterioration, firebox for rust and lubricate the air-slide control with high temperature grease.

This information is also available as a: Backyard Burning fact sheet

Chemical and Spray Drift

Spray drift from chemicals and paint can affect neighbours and interfere with their normal activities. If severe enough, it can damage property and impact people's health.

You can reduce chemical and paint spray drift by:

  • working indoors, where possible,
  • checking weather conditions - don’t spray on days with strong and gusty winds or where wind is blowing towards your neighbour,
  • following the manufacturer’s guidelines,
  • using a brush on small jobs,
  • using accurate equipment that reduces overspray considering,
  • using a commercial spray booth.

Which complaints are not administered by Council?

Council is only one of several agencies which regulate environmental nuisance complaints. The following table identifies the types of complaints and the relevant contact.

Nuisance Type Relevant Contact
Noise from parties, cars, house alarms and trail bikes

Contact Police Link on 131 444

Website: https://www.police.qld.gov.au/policelink-reporting

Noise from licensed premises such as hotels or nightclubs Contact the Office of Liquor and Gaming Regulations in the Department of Justice and Attorney-General via their online complaint form of visit their website: https://www.business.qld.gov.au/industries/hospitality-tourism-sport/liquor-gaming/liquor/compliance/noise-restrictions
Noise from an aircraft

Contact you local office of Airservices Australia

Website: https://www.airservicesaustralia.com/about-us/contact-us/

Noise from a vehicle

Contact your local office of Queensland Transport & Main Roads.

Website: https://tmr.qld.gov.au/About-us/Contact-us.aspx

Traffic noise on major arterial roads

Contact your local office of Queensland Transport & Main Roads.

Website: https://tmr.qld.gov.au/About-us/Contact-us.aspx

Smoke Nuisances from Sugar Cane

Contact the Queensland Fire & Emergency Services (note: QFES may delegate these investigations to Council where the nuisance does not conflict with the Fire & Emergency Services Act 1990).
Website: https://www.qfes.qld.gov.au/contact-us

For further information on sugar cane & burning practices in our region please visit the Bundaberg Canegrowers Ltd
website: https://www.bdbcanegrowers.com.au/news-media/fact-sheets/

Smoke from a vehicle Contact your local office of Queensland Transport & Main Roads
Website: https://tmr.qld.gov.au/About-us/Contact-us.aspx
Bushfire smoke

Contact your local offfice of Queensland Fire & Emergency Services.

Website: https://www.qfes.qld.gov.au/contact-us

Cigarette smoke

Contact Queensland Health on 13 QGOV(13 74 68)

Website: https://www.qld.gov.au/health/staying-healthy/atods/smoking/laws

Spray drift from agricultural land

Contact Workplace Health & Safety Queensland (WHSQ) on 13 GOV (13 74 68).

Website: https://www.business.qld.gov.au/industry/agriculture/land-management/chemical-controls/spray-drift-issues/who-report-spray-drift

Any nuisance from a property that holds an Environmental Authority with the Department of Environment, Tourism, Science & Innovation (DETSI)

Common activities in our region with/requiring an Environmental Authority with DETSI include:

  • Sugar milling and refining
  • Cattle feed lotting
  • Timber milling
  • Aquaculture
  • Alcohol and beverage production
  • Extractive and screening activities; and
  • Metal foundry operations

For enquiries please contact DETSI Pollution Hotline on 1300 130 372.

Website: https://www.qld.gov.au/environment/pollution/pollution-management/reporting

Overgrown properties

Local laws* require occupiers of land to keep their allotments free from overgrown vegetation which detracts from the aesthetics of the locality, creates potential health hazards, and attracts unwanted wildlife (such as snakes) and vermin.

Complaints and resolutions

Council’s local laws assist in managing vegetation that is overgrown or hazardous.

Before making a complaint to Council regarding overgrown properties, please consider the below examples and actions.

  1. The grass length is less than 20 cm high
    Action: No action required
  2. The grass length is more than 20 cm high but under your knee height
    Action: Contact your neighbour and fix it at the fence
    Do you need your neighbour's contact details?
    Request your neighbour's contact details here
  3. The grass length is past your knee height (approx. 50 cm)
    Action: Contact Council via Snap Send Solve.
    Download the Snap Send Solve app here

*Read more about Councils Local Law No. 3 (Community and Environment) 2011 here(PDF, 651KB).