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
